Leading Plaintiff Firm Switches Sides

After thirty-five years of almost exclusively litigating from the plaintiffs’ side, Lowey Dannenberg Cohen & Hart, P.C. brought its skill set to the other side of the “v” and the results have been spectacular with multiple victories in significant cases for an impressive selection of blue chip clients.

The same experience and skills now work for defendants facing big challenges.

Some examples of our successes include:

  • Representing Aetna Inc., Humana Inc. and healthcare subrogation servicer Rawlings & Co., we won dismissal of a class action lawsuits alleging that New York G.O.L 5-335 voided Medicare Advantage health benefit plans' subrogation and reimbursements rights in New York. Meek-Horton v. Trover Solutions, 910 F. Supp. 2d 690 (S.D.N.Y. 2013); and Potts v. Rawlings Co., LLC, 897 F. Supp. 2d 185 (S.D.N.Y. 2012).
  • Lowey Dannenberg won a judgment dismissing Aetna, Inc., accessory designer and marketer Coach, Inc., and Rawlings from a class action lawsuit on behalf of plaintiffs involved in motor vehicle accidents in New York State, which charged that defendants’ efforts to enforce reimbursement rights provided in health benefit plan contracts with the plaintiffs violated the Employee Retirement Income Security Act of 1974 (ERISA) and the Fair Debt Collection Practices Act (FDCPA). Kesselman v. The Rawlings Co., LLC, 668 F. Supp. 2d 604 (S.D.N.Y. 2009)
  • The firm won dismissal of a class action lawsuit alleging that our client Aetna improperly reimbursed pharmacy provider claims. Elliot Plaza Pharmacy v. Aetna U.S. Healthcare, 2009 WL 702837 (N.D. Okla. March 16, 2009).
  • Lowey Dannenberg won dismissal of claims for misrepresentation, breach of contract, unjust enrichment and conspiracy, alleging that Aetna failed to reimburse pharmacies “according to an agreed-upon formula for brand name prescriptions dispensed to Defendants' insureds.” The firm argued and won one of the first significant opinions on CAFA jurisdiction.  Main Drug, Inc. v. Aetna U.S. Healthcare, 475 F.3d 1228 (11th Cir. 2007) (dismissing appeals from Main Drug, Inc. v. Aetna U.S. Healthcare, 455 F. Supp. 2d 1323 (M.D. Ala. 2006) and 455 F. Supp. 2d 1317 (M.D. Ala. 2005)).
  • Representing Humana and winning dismissal of a class action.  Medfusion Rx, LLC v. Humana Health Plan, Inc., case no. CV-08-PWG-0451-S (N.D. Ala. 2008).

Lowey Dannenberg is currently defending multiple health insurers, including Aetna in the class action case: Roche, et al. v. Aetna, Inc., et al., Civ. 13-1377 (JHR) (D.N.J.).

Contact us.

If you or your institution has been harmed, nationally-recognized Lowey Dannenberg has the experience needed to handle your complex litigation needs. Speak with an attorney at our offices in New York or Pennsylvania online or at 914-997-0500.