Judge Refuses to Issue Advisory Opinion on Liability MSA

A federal judge refused to tell two litigants whether their settlement needed a Medicare set-aside case because it would amount to an unconstitutional advisory opinion, in a liability suit that reiterated the need for federal clarification on Medicare reimbursements.When attorneys for plaintiff Susan Early and defendant Carnival Cruise Lines asked U.S. Magistrate Judge Jonathan Goodman to advise them on whether the Medicare Secondary Payer Act required them to include a Medicare set-aside in their settlement, Goodman realized that he had a case of first impression on his hands. The judge point...