UnitedHealth Group

O’Melveny helped secure dismissal with prejudice of a California-wide class complaint against UnitedHealth arising out of the Medicare Supplement insurance program UnitedHealth offers to members of AARP. The case was one of two coordinated putative class actions brought by a single plaintiffs’ firm testing an unprecedented legal theory—that UnitedHealth, in compensating AARP for the use of its marks in order to market the Medigap program, is really paying commissions to an unlicensed insurance agent. The defendants, in a motion briefed and argued by the O’Melveny team, successfully sought dismissal on the ground that plaintiffs’ attempt to recast the royalty payment as an unlawful commission was implausible.