Insurance company IDS’ attempt to stop MSP’s class action from moving forward is denied by the appellate court requiring a face off between IDS and MSP in less than 30 days where insurer is exposed to millions in repayment.
On Monday, August 1st, 2016, MSP Recovery Law Firm secured an appellate victory as the Third District Court of Appeal denied IDS Property Casualty Insurance Company’s attempt to put a hold on ongoing litigation by MSP in Florida state court, pending resolution of a federal appeal. The decision by the Third District comes after only a month from the time that IDS filed their Petition for Writ of Certiorari.
MSP argued that IDS’ Petition was one more attempt to delay resolution of the matter in a string of motions to stay at the state, federal and appellate levels which have all been unsuccessful. In its response to IDS’ Petition, MSP detailed the difference in the state and federal litigation, undermining IDS’ argument that the cases were overlapping. Among the highlighted differences, MSP noted in its Response that the federal case is closed and currently on appeal and the relief sought was based on the federal code, while the state court litigation pursues state common law subrogation theories.
IDS has been avoiding responding to MSP’s class action complaint by filing multiple motions for stay and for protective order. The Third District’s Order denying their request will hopefully mark an end to IDS’ attempts to prevent the litigation from moving forward.