Wednesday, July 9, 2014

MDL Judge Denies Blue Cross Blue Shield Motion To Dismiss


In what may be a landmark case for the health insurance industry, Judge Proctor of the U.S. District Court for the Northern District of Alabama, issued an Order denying Blue Cross/Blue Shield's Motion to Dismiss in early June. The cases, which have been consolidated into an MDL under Judge Proctor, were brought by providers and subscribers claiming Sherman Act anti-trust violations by Blue Cross/Blue Shield. 

Although this case is a long way from any final decision from Judge Proctor (not to mention anticipated appeals by either or both sides), his ruling stymied the Defendants' attempts to have the case thrown out before any real litigation took place. Now that the ruling has come out, discovery can proceed, which will surely by expansive and contested. 

To read Judge Proctor's Memorandum Order, click HERE.

For an article posted on AL.com which covers the story, click on the link below: 


For a more in depth discussion of the legal defenses and the Order, click on the link below:

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