Uriel Rabinovitz is a Partner at Lowey Dannenberg and a member of the Firm’s Healthcare, Antitrust, and Whistleblower practice groups. Mr. Rabinovitz’s practice concentrates on prosecution of antitrust violations and pharmaceutical overcharges, and defense of class actions. During his tenure at the firm, Mr. Rabinovitz has litigated against some of the largest corporations in the world and achieved substantial victories at the trial and appellate court levels for health insurers, such as Aetna, Anthem, Blue Cross Blue Shield Association, Cigna, and Humana.
Mr. Rabinovitz has also represented whistleblowers in False Claims Act suits and in the SEC’s whistleblower program, prosecuted accounting malpractice, and prosecuted losses related to mortgage-backed securities for one of the largest mutual funds in the United States. On the defense side, in addition to regularly representing health insurers, Mr. Rabinovitz has represented law firms, financial investment firms, and hedge funds in a variety of matters.
Notable Cases:
Drugs Manufactured in Violation of FDA Standards. In Blue Cross Blue Shield Ass’n, et al. v. GlaxoSmithKline LLC, No. 13-4663-JS (E.D. Pa.), Mr. Rabinovitz represented 39 health insurers (accounting for 60% of the U.S. market for non-governmental health insurance) in a novel RICO action seeking billions in damages against British drug maker GlaxoSmithKline for selling prescription drugs manufactured under conditions that amounted to egregious violations of federal standards. The case settled confidentially on the eve of trial.
“Pay-for-Delay” Antitrust Claims. Mr. Rabinovitz also regularly represents health insurers prosecuting “pay-for-delay” antitrust claims. See, e.g., Humana Inc. v. Celgene Corp., No. 19-cv-7532 (D. N.J.) (concerning Thalomid and Revlimid); In re: Aggrenox Antitrust Litig., 14-md-2516 (D. Conn) (representing Humana), In re: Lidoderm Antitrust Litig., 14-md-2524 (N.D. Cal.) (representing Government Employees Health Association); In re Wellbutrin XL Antitrust Litig., 08-cv-2433 (E.D. Pa.) (representing Aetna and a class of third party payers and consumers).
Off-Label Marketing Claims. Mr. Rabinovitz represented Aetna in its appeal before the United States Court of Appeals for the First Circuit in In re Neurontin Mktg. & Sales Practices Litig., 712 F.3d 51 (1st Cir. 2013), a significant RICO decision holding drug manufacturers accountable to health insurers for damages attributable to off-label marketing fraud. He also represented 20 health insurers as amicus curiae, in In re Avandia Mktg. Sales Practices & Prods. Liab. Litig., 804 F.3d 633 (3d Cir. 2015), where the Third Circuit held that a drug manufacturer’s deceptive marketing causes third-party payers to suffer legally cognizable injuries. Currently, Mr. Rabinovitz represents Humana in an off-label marketing fraud concerning Thalomid and Revlimid. Humana Inc. v. Celgene Corp., Civil Action No. 18-CI-00617 (Pike County, KY).
Price Fixing of Prescription Drugs. Mr. Rabinovitz represents multiple health insurers in In re Generic Pharmaceuticals Pricing Antitrust Litig., MDL No. 2724 (E.D. Pa.).
Class Action Defense. Mr. Rabinovitz played an integral role in successfully defending health insurers in several class actions. See, e.g., Wurtz v. Rawlings Co., LLC, 2016 WL 7174674 (E.D.N.Y. Nov. 17, 2016); Meek-Horton v. Trover, et al., 910 F. Supp. 2d 690 (S.D.N.Y. 2013); Potts v. Rawlings Co. LLC, 897 F. Supp. 2d 185 (S.D.N.Y. 2012). In Meek Horton and Potts, he won judgments dismissing the class action lawsuits, which sought to apply New York State’s anti-subrogation law to void health insurance plans’ subrogation and reimbursement rights in New York. He also won judgments dismissing similar claims under New Jersey law. Minerley v. Aetna, Inc., No. 13-cv-1377, 2019 WL 2635991 (D.N.J. June 27, 2019), aff’d, No. 19-2730, 2020 WL 734448 (3d Cir. Feb. 13, 2020); Roche v. Aetna, Inc., 165 F. Supp. 3d 180 (D.N.J. 2016), aff’d, 681 F. App’x 117 (3d Cir. 2017); Mattson v. Aetna Life Ins. Co., 124 F. Supp. 3d 381 (D.N.J. 2015), aff’d, 653 F. App’x 145 (3d Cir. 2016).
Medicare Secondary Payment Act. Mr. Rabinovitz represented Humana in In re Avandia Marketing Sales Practices and Products Liability Litig., 685 F.3d 353 (3d Cir. 2012), a landmark federal appellate decision establishing Medicare Advantage health insurers’ private right of action under the Medicare Secondary Payer Act.
Other Notable Achievements:
Mr. Rabinovitz represented 4 whistleblowers and led the litigation that resulted in a $41 million False Claims Act settlement. The case uncovered a provider’s profit-making policy that illegally billed federal health programs (e.g., Medicare, Medicaid and Tricare) for medically unnecessary drug testing.
Background:
Mr. Rabinovitz received his J.D. from Fordham Law School in 2010, where he served as an Associate Editor for the Fordham Law Review. During law school, he served as a Judicial Intern to the Honorable Novalyn L. Winfield, U.S. Bankruptcy Judge for the District of New Jersey.
Mr. Rabinovitz is fluent in Hebrew.
