holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"Summary of this case from Duncan v. Liberty Mut. Ins. Co.
Decided March 11, 1997.
John Scarola, David J. Sales, Searcy, Denney, Scarola, Barnhart Shipley, P.A., West Palm Beach, FL, Michael J. Pucillo, Carol McLean Brewer, Burt Pucillo, Winter Haven, FL, for Plaintiffs-Appellants.
Nancy Gregoire, Ruden, Barnett, McClosky, Smith, Schuster Russell, P.A., Ft. Lauderdale, FL, Charles M. Shafer, King Spalding, Atlanta, GA, for Blue Cross and Blue Shield of Florida, Inc.
Barbara Logoa, Morgan, Lewis Bockius, P.A., Sherryll Martens Dunaj, Barbara Lagoe, Cohen, Berke, Bernstein, Brodie, Kondell Laszlo, P.A., Miami, FL, Michael A. DeMicco, New York Life Ins. Co., New York City, for New York Life Insurance Company.
Lawrence Irwin Bass, John P. Wiederhold, Wiederhold, Moses, Bulfin Rubin, P.A., for United American Insurance Company.
Appeal from the United States District Court for the Southern District of Florida.
Stanley Marcus, Judge.
The district court's grant of summary judgment to the Defendants is AFFIRMED based upon the holding and rationale contained in Part III.A of the district court's September 22, 1995 order, a copy of which is attached as Appendix A hereto. We have no occasion to reach the remaining issues addressed in other parts of that order and imply no view concerning any of them.
This corrected motion replaces United American's original motion to dismiss or in the alternative for more definite statement (DE # 54), filed June 7, 1995. Accordingly, the original motion of June 7, 1995, is DENIED AS MOOT.
The Plaintiffs had failed to respond to this motion but moved for leave to file a response out of time on September 14, 1995. That motion is hereby GRANTED.