Justin B. Uhlemann

Partner

Overview

Justin B. Uhlemann is a partner and litigation attorney with Foley & Lardner LLP. He is a member of the firm’s Business Litigation & Dispute Resolution Practice.

Justin focuses his practice on health care litigation, class action defense, and other complex commercial litigation.

Previously, Justin served as law clerk to the Honorable Federico A. Moreno, U.S. District Court Judge for the Southern District of Florida.

Health Care Litigation Experience *

  • Handled disputes involving diverse health care subject matter including out-of-network provider reimbursement, specialty prescription drugs, health plan reorganization, termination of coverage, the Employee Retirement Income Security Act (ERISA), the Patient Protection and Affordable Care Act (ACA), antitrust, emergency services, prompt pay, provider contracts, hospital privileges, policyholder derivative actions, restrictive covenants, assignment of benefits, waiver of patient responsibility, and general agency
  • Extensive experience with out-of-network provider reimbursement disputes between payors and acute care hospitals, ambulatory surgery centers, substance use treatment facilities, emergency providers, hospital-based physicians, chiropractors, surgical assistants, and suppliers of durable medical equipment
  • Extensive experience with disputes between payors and insureds such as litigation over coverage for specialty prescription drugs, health plan reorganization, and termination of coverage
  • Familiar with diverse health insurance products including traditional health insurance, health maintenance organizations, self-funded plans, ACA exchange policies, Medicare Advantage plans, the Federal Employee Health Benefits Program, the State of Florida’s Group PPO Plan, and the Blue Cross and Blue Shield Association’s BlueCard Program

Other Commercial Litigation Experience *

  • Significant experience with other types of commercial controversies including contract disputes, trademark litigation, employment discrimination claims, Racketeer Influenced and Corrupt Organization Act (RICO) claims, and Telephone Consumer Protection Act (TCPA) claims
  • Significant experience with accounting disputes including securities class actions, audit challenges, and disciplinary actions before the Florida Board of Accountancy

Representative Matters *

  • Obtained dismissal with prejudice of putative class action of insureds challenging denial of coverage for a specialty prescription drug
  • Defeated motion to enjoin reorganization of major health insurer from not-for-profit mutual insurance company into stock insurance company and obtained dismissal with prejudice of subsequent putative class action of policyholders seeking distribution of surplus following reorganization
  • Obtained dismissal with prejudice of federal putative class action of insureds alleging termination of ACA exchange coverage without sufficient advance notice
  • Obtained dismissal with prejudice and affirmance on appeal of precedent-setting challenge by radiologist with staff membership and clinical privileges to hospital’s exclusive lease of cancer center to third party provider
  • Defeated motion for temporary injunction of termination of staff membership and clinical privileges of hospitalists following hospital’s entrance into exclusive contract with third party hospitalist group
  • Defeated certification of putative classes of out-of-network providers alleging violation of prompt pay statutes
  • Obtained dismissal and affirmance on appeal of ERISA challenges by out-of-network ambulatory surgery centers to denial of payment for manipulation under anesthesia
  • Orchestrated voluntary dismissal with prejudice of putative TCPA class action
  • Handled first impression lawsuit for wrongful death based upon denial of coverage for Harvoni
  • Handled first impression claims by hospital-based pathology groups challenging denial of payment for the professional component of clinical pathology

* Certain of these matters were handled prior to joining Foley.

Recognition

  • Cystic Fibrosis Foundation’s 40 Under 40 Outstanding Lawyers (2013)

Education

  • University of Florida Levin College of Law (J.D., 2001)
    • First in Class
    • Notes and Comments Editor, Florida Law Review
  • Brown University (B.A., 1998)

Admissions

  • Florida
  • 11th U.S. Circuit Court of Appeals
  • 2nd U.S. Circuit Court of Appeals
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida

Capabilities