Managed Care Class Actions

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Crowell & Moring has extensive experience defending clients in a broad range of class action litigation in the health care and managed care industries. Joining the skills and legal acumen of lawyers in our top-ranked Antitrust and Health Care groups, we represent clients in class action lawsuits in federal and state courts across the United States, including all levels of the appellate process.

In the rapidly changing area of managed care, we understand that class actions are often used as a tool to force new and additional regulation of health-related services and products. We also understand that class action litigation has a significant public relations component, and are experienced in coordinating strategies involving the media, consumer groups, and investors. We help clients understand the legal and business implications of this type of litigation and craft appropriate resolutions that help achieve their goals.

Our litigators have successfully defended clients in the nation's largest class actions against health care plans. Among recent matters, in In re Managed Care multidistrict litigation (MDL) class actions, we obtained victories for health insurance companies in nationwide class actions alleging Racketeer Influenced and Corrupt Organizations (RICO) Act violations resulting from payment practices. In the U.S. Court of Appeals for the Third Circuit, we established a precedent under the All Writs Act that allows dueling nationwide and statewide class actions to proceed on parallel tracks.

We represented DuPont Pharma (now Bristol Myers Squibb) in the Coumadin antitrust litigation and negotiated favorable settlement of a class action litigation alleging monopolization of the warfarin drug market with Coumadin. We also represent a national managed behavioral health care organization in putative class action lawsuits in federal and state courts alleging denial of insurance benefits for the treatment of eating disorders, defended a client against class action claims by provider groups challenging alleged discrimination in health plan contracting and payment terms, and have successfully represented clients in subrogation class actions.

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With Arrival Of Loeb Litigator, Crowell Continues Chicago Buildout American Lawyer (April 21, 2022)
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D.C. Deputy Attorney General Toni Michelle Jackson Joins Crowell & Moring (April 14, 2021)
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"11th Cir. Rejects Standing Due to Threat of Future Identity Theft & Further Deepens Circuit Split," Privacy Law Alert (February 9, 2021). Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Jennifer S. Romano, Nathanial J. Wood, Jacob Canter
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"COVID-19 Class Actions: Refund Disputes Rage Over Membership Fees & Event Tickets," Mass Tort, Product, and Consumer Litigation Alert (April 17, 2020). Contacts: Christopher A. Cole, Valerie M. Goo, Jennifer S. Romano, Raija Horstman, Eli Berns-Zieve, Suzanne Trivette
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"Does Bristol-Myers Squibb Apply to Nationwide Class Actions in Federal Court? The First Two Federal Circuits Weigh In," Mass Tort, Product, and Consumer Litigation Alert (March 17, 2020). Contacts: Clifford J. Zatz, April Nelson Ross, Gloria Martinez Trattles
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"Class Action Alleging XRP is a Security Survives Critical Motion to Dismiss," White Collar Alert (March 2, 2020).
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UK Litigation – Class Actions: A New Era in the UK? (January 22, 2020). Contributor: Robert Weekes.
"Value Champion: Leveraging Investigations Teams to Impact the Bottom Line," GICLI's Fifth Annual Meeting, Incline Village, NV (October 15, 2019). Moderator: Daniel A. Sasse; Panelist: Deborah E. Arbabi.
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The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year (August 16, 2019)
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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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