Weil represents Farmers Insurance and various affiliates in In re Auto Body Shop Antitrust Litigation, a multidistrict litigation (MDL) in Florida federal court comprising dozens of cases across the country brought by auto repair shops, alleging that Farmers and dozens of other insurers artificially suppress reimbursement rates for auto body repairs, in violation of antitrust, RICO, and other statutes. Recently, Weil won the dismissal with prejudice of all claims in the lead case of the MDL. The Court’s decision marks the third consecutive time that Farmers and the other defendants have prevailed on a motion to dismiss for failure to state a claim in the lead case, and suggests that the remaining cases in the MDL may suffer a similar fate. Subsequently, in November 2015, Weil won a significant victory for Farmers Insurance and its affiliates in another component of the MDL, when a Florida federal court granted the dismissal of all claims in a nationwide putative RICO class action relating to reimbursement for auto collision repairs. In the putative RICO class action, plaintiffs – operators of auto collision repair shops in Pennsylvania and North Carolina – allege that Farmers and more than seventy other insurers conspired with each other and other entities to artificially suppress the compensation to repair shops such as plaintiffs’ for auto collision repairs, in violation of the federal RICO statute and state laws.
Weil serves as lead counsel for Avantor Performance Materials Inc., a privately held maker of high-performance chemistries, in a series of recently filed “Thalidomide cases” involving allegations plaintiffs suffered birth defects after their mothers took the morning sickness drug in the late 1950s and early 1960s.
We also represent UHG and Ingenix in two MDLs involving claims by putative class members in health benefit plans insured or administered by Aetna and Wellpoint.
- In In re Aetna, MDL 2020 (D.N.J.), plaintiffs claim that UHG and Ingenix conspired with Aetna to under-reimburse Aetna health plan members for OON services using the Ingenix databases.
- In In re Wellpoint, MDL 2074 (C.D. Cal.), plaintiffs claim that UHG and Ingenix conspired with WellPoint to under-reimburse WellPoint health plan members for OON services using the Ingenix databases. We obtained a dismissal of all claims against UHG and Ingenix.
Finally, we represented UnitedHealth Group and Ingenix in a purported class action by members of Cigna health plans (Nelson v. Cigna, consolidated with Franco v. Cigna). Like In re Aetna and In re WellPoint, this case involves claims that UHG and Ingenix conspired with Cigna to under-reimburse Cigna health plan members for OON services using the Ingenix databases. We obtained the dismissal of the federal claims and most of the state claims brought against UHG and Ingenix in September 2011 on a motion to dismiss. We thereafter obtained the dismissal of the remaining state claims in January 2012 on a motion for judgment on the pleadings