Humana filed a motion to certify a class, arguing that certification of a class will facilitate efficient resolution of the two categories of unresolved MSP Act claims, which are 1) those in which the MAO is not a signatory to a private lien resolution program, and 2) those in which the MAO is a signatory to a private lien resolution program, but the settling claimant does not opt to resolve his or her lien through that program. The Court found against Humana and failed to certify the class, noting that Humana "has failed to prove the requirements of commonality and predominance, and failed to demonstrate the superiority of the class action to adjudicate the controversy."
We are continuing to follow this case and will update you with information as it released.
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