Michael Hamlin and Ryan Niehaus Obtain Dismissal for Third-Party Administrator

PS Partner:  Michael Hamlin

PS Associate:  Ryan Niehaus

Facts:

Principal Michael Hamlin and Associate Ryan Niehaus obtained an order granting a Motion to Dismiss based upon lack of justiciable controversy.  Plaintiff filed a class action lawsuit against PS’ client, a third-party administrator, seeking declaratory and injunctive relief that plaintiff not be obligated to reimburse amounts paid for nurse case management fees associated with plaintiff’s workers’ compensation claim.  Mr. Hamlin and Mr. Niehaus argued that there was no justiciable controversy since the third-party administrator did not hold the subrogation claim.  Instead, pursuant to Missouri’s Workers’ Compensation Act, only the employer and the employer’s insurer hold the claim for subrogation – not the third-party administrator.  The court granted defendant’s motion and dismissed plaintiff’s class action suit.

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