Uriel Rabinovitz, an associate at the firm since 2010, regularly represents health insurers in complex litigation, focusing on prosecution of antitrust violations and pharmaceutical overcharges and defense of class actions.
Mr. Rabinovitz briefed Aetna’s appeal before the United States Court of Appeals for the First Circuit in In re Neurontin Mktg. & Sales Practices Litigation, 712 F.3d 51 (1st Cir. 2013), a significant RICO decision holding drug manufacturers accountable to health insurers for damages attributable to off-label marketing fraud, and In re Avandia Marketing Sales Practices and Products Liability Litigation, 685 F.3d 353 (3d Cir. 2012), cert. denied, 12-690, 2013 WL 1500235 (U.S. Apr. 15, 2013), a landmark federal appellate decision establishing Medicare Advantage health insurers' private right of action under the Medicare Secondary Payer Act. Mr. Rabinovitz also represented 20 health insurers as amicus curiae, in In re Avandia Mktg. Sales Practices & Prods. Liab. Litig., No. 14-1948, 2015 U.S. App. LEXIS 18633 (3d Cir. Oct. 26, 2015), where the Third Circuit held that a drug manufacturer’s deceptive marketing causes third party payers to suffer legally cognizable injuries.
Mr. Rabinovitz is currently prosecuting “pay-for-delay” antitrust claims on behalf of Humana (In re: Aggrenox Antitrust Litig., 14-md-2516 (D. Conn), Aetna (In re Wellbutrin XL Antitrust Litig., 08-cv-2433 (E.D. Pa.) and Government Employees Health Association (In re: Lidoderm Antitrust Litig., 14-md-2524 (N.D. Cal.) In the In re Nexium “pay-for-delay” litigation, Mr. Rabinovitz was part of the Lowey Dannenberg team that won remand on behalf of more than a dozen health insurers in the first District Court decision to consider remand of state antitrust claims following the Supreme Court’s landmark decision in FTC v. Actavis, Inc., 133 S. Ct. 2223 (2013). Time Ins. Co. v. AstraZeneca AB, 52 F.Supp. 3d 705 (E.D. Pa. 2014).
Mr. Rabinovitz has also defended and won dismissal of class action lawsuits against health insurance clients: Meek-Horton v. Trover, et al., 910 F.Supp 2d 690 (S.D.N.Y. 2013); Potts v. Rawlings Co. LLC, 897 F.Supp. 2d 185 (S.D.N.Y. 2012). In both cases, the firm won judgments dismissing the class action lawsuits, which sought to apply New York State’s anti-subrogation law to void health insurance plans’ subrogation and reimbursement rights in New York. The firm also won judgment dismissing similar claims under New Jersey law. Mattson v. Aetna Life Ins. Co., 2015 U.S. Dist. LEXIS 115004 (D.N.J. Aug. 31, 2015). Mr. Rabinovitz is currently defending multiple health insurers in class actions in Roche, et al. v. Aetna Inc., et al., 13-cv-1337, 13-cv-3933 (D.N.J.).
Mr. Rabinovitz’s practice is not limited to health care matters; it covers a wide range of commercial litigation in federal and state courts, including defense of a major regional bakery in an antitrust suit brought by a competitor, defense of a financial investment firm in an age discrimination claim, defense of hedge fund for violation of securities laws, and SEC Whistleblower action, and representation of one of the largest mutual funds in the United States to recover losses related to mortgage-backed securities.
Mr. Rabinovitz has published in the Fordham Law Review: Toward Effective Implementation of 11 U.S.C. § 522(d)(11)(E): Invigorating A Powerful Bankruptcy Exemption, 78 Fordham L. Rev. 1521 (2009) (cited in Amy Y. Landry & Robert J. Landry, III, Medical Bankruptcy Reform: A Fallacy of Composition, 19 Am. Bankr. Inst. L. Rev. 151 (2011) and Anne Benton Hucker, Do I Own This Car? The Supreme Court Creates A Standard for BAPCA Car Ownership, 76 Mo L. Rev. 1239 (2011)).
Mr. Rabinovitz is a graduate Yeshiva University (B.A. 2005) and Fordham University School of Law (J.D. 2010), where he served as an Associate Editor of the Fordham Law Review. Prior to joining the firm, Mr. Rabinovitz served as a Judicial Intern to the Honorable Novalyn L. Winfield, U.S. Bankruptcy Judge for the District of New Jersey.
Mr. Rabinovitz is admitted in New York, New Jersey, the United States Courts of Appeal for the Second and Third Circuits, the U.S. District Courts for the Southern and Eastern Districts of New York, and the District of New Jersey.
Mr. Rabinovitz is fluent in Hebrew.