We have blogged several times before about the litigation misadventures of MSP Recovery, Inc., known for bringing Medicare recovery actions of questionable merit based on assignments of questionable validity that they obtain from various Medicare Advantage Plans looking for free money.  Occasionally, MSP has branched also filed RICO claims of an equally dubious nature.

In Series 17-03-615 v. Teva Pharmaceuticals USA, Inc., 2025 WL 1257677 (D. Kan. April 30, 2025), this would-be Medicare troll got trolled again, in yet another purported RICO class action.  Five defendants filed five motions to dismiss – and they were all granted.  Id. at *1.  On most issues, the five motions raised similar grounds:  lack of standing, lack of personal jurisdiction, and failure to state a claim.  Id. at *12. That led to the plaintiffs’ monumental procedural mistake.  Rather than bother to file separate responses to the five defendants’ motions, plaintiffs filed responsive papers that merely incorporated their responses to other defendants’ arguments by reference.  “[P]laintiffs filed responses to each of the five motions to dismiss” but “aggregated their responses to similar arguments which multiple defendants raised.”  Id.Continue Reading Would-Be Litigation Troll Trolled Again