When the federal government sues a lawyer under the Medicare Secondary Payer Act to demand a portion of a personal injury settlement, a six-year statute of limitations applies since the suit is “rooted in restitution or unjust enrichment theory,” a federal judge has ruled.
In his 14-page opinion in United States v. Weinberg, U.S. District Judge Berle M. Schiller rejected attorney Frederic Weinberg’s argument that a three-year statute of limitations should apply since the underlying claim sounded in tort.
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