the Retail Litigation Center (RLC) submitted an amicus curiae brief to the Supreme Court of
the United States asking the Court to grant certiorari
in the case of Hadden v.
issue is Medicare’s overly broad interpretation of the Medicare Secondary Payer
Act (MSPA), ratified by the Sixth Circuit in
Hadden, under which the agency asserts the right to litigation
settlement proceeds to which Medicare beneficiaries are entitled.
Medicare’s position effectively requires all personal injury claims to be fully
litigated and, thus limits the ability of RLC members and claimants to reach
settlements efficiently and fairly reach in claims involving Medicare
need for litigation and the resulting delays are unnecessary and detrimental to
to the brief:
a result of the decisions, the costs involved in addressing pre-litigation
claims and in litigating claims have increased dramatically. Multiplied
by the number of retail organizations represented by the RLC, and again by the
number of claims made per organization, these costs in both money and time
become wasteful in the extreme with no corresponding societal or economic
benefit. Across the entire retail industry, the negative impact, for all parties,
created by the improper interpretation of the MSPA expands exponentially.”
full brief can be found here.
Retail Litigation Center is a public policy organization that identifies and
engages in legal proceedings which affect the retail industry. The RLC,
whose members include some of the country’s largest retailers, was formed to
provide courts with retail industry perspectives on significant legal issues,
and highlight the potential industry-wide consequences of legal principles that
may be determined in pending cases.