Insurance Antitrust & Trade Regulation Civil Procedure

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Insurer’s Agreements with Providers Are Not Per Se Antitrust Violations

The Iowa Supreme Court refused to categorize a health insurer’s agreements with providers in Iowa and its participation in the national Blue Cross and Blue Shield (BCBS) network as per se violations of the antitrust laws. ...more

Texas Court Holds No Duty to Defend Claims of Monopolistic Practices

In its recent decision in Uretek United States v. Cont’l Cas. Co., 2015 U.S. Dist. LEXIS 18610 (S.D. Tex. Feb. 17, 2015), the United States District Court for the Southern District of Texas had occasion to consider a general...more

Can A Certified Class Include Uninjured Parties? First Circuit Majority Says “Yes,” In Some Instances

One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not have standing to sue. ...more

MDFL Dismisses Auto Repair Antitrust Claims, Eviscerates Plaintiffs’ Lawyers

In 2014, the Judicial Panel on Multidistrict Litigation consolidated a series of antitrust actions and transferred them to the United States District Court for the Middle District of Florida. The Middle District of Florida...more

Ask the Experts About Bad Faith; Just Be Careful How You Do It

In bad faith cases, juries must often decide if the way an insurer processed a claim lacked a “reasonable” basis. Courts have consistently held that experts can help—by explaining how a claim is supposed to be handled. The...more

Illinois Court Holds Duty to Defend Telemarketing Sales Rule Lawsuit

In its recent decision in North River Ins. Co. v. Guar. Trust Life Ins. Co., 2014 Ill. App. Unpub. LEXIS 736 (Apr. 14, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an exclusion for...more

Indiana Auto Repair Shops Bring Antitrust Action Against Auto Insurers

An Indiana trade association of auto repair shops, together with a group of its members, have filed an antitrust action against over twenty five auto insurers in Indiana, alleging that the insurers’ direct repair programs...more

Insurance Antitrust Legal News - May 2014 • Volume 3, Number 3

In This Issue: - LEGISLATION PERMITTING HEALTHCARE PROVIDERS TO NEGOTIATE JOINTLY WITH HEALTH INSURERS INTRODUCED IN CONGRESS: Legislation was recently introduced by Representative John Conyers (D. Michigan)...more

Insurance Recovery Law - Jan 30, 2014

California Court Recognizes Named, Additional Insureds Have Different Expectations - Why it matters: While the holding sounds straightforward – the reasonable expectations of an additional insured about the...more

Insurance Antitrust Legal News - January 2014 • Volume 3, Number 1


Insurance Antitrust Legal News - November 2013 • Volume 2, Number 6

In This Issue: - BILL SEEKING TO REPEAL THE MCCARRAN FERGUSON ACT’S ANTITRUST EXEMPTION INTRODUCED IN CONGRESS: On September 18, Congressman Phil Roe (R-Tennessee) introduced legislation (H.R.3121) that would,...more

Insurance Antitrust Legal News - September 2013 • Volume 2, Number 5

In This Issue: - CALIFORNIA SUPREME COURT HOLDS INSURERS ARE SUBJECT TO UNFAIR COMPETITION CLAIMS IN ZHANG CASE: On August 1, the California Supreme Court issued its highly-anticipated decision in Zhang v....more

Insurance Antitrust Legal News - May 2013 • Volume 2, Number 3

In This Issue: - STATE EFFORTS TO RESTRICT HEALTH INSURER USE OF “MOST FAVORED NATION” CLAUSES IN PROVIDER CONTRACTS CONTINUE TO MULTIPLY: Over the last several years, several states have considered legislation...more

Insurance Cases to Watch in 2013

Larry Golub was quoted in a Jan. 1, 2013, article published on Law360, Insurance Cases to Watch in 2013 (subscription required) about key insurance cases lawyers, and those in the insurance industry, should keep an eye out...more

Insurance Antitrust Legal News - November 2012 • Volume 1, Number 4

In This Issue: - DOJ and FTC Hold Public Workshop to Consider the Antitrust Issues Raised by “Most Favored Nation Clauses” in Health Insurance Contracts by James M. Burns: On September 10, the Federal Trade...more

The Bad Faith Sentinel - August 2012

IN THIS ISSUE: - Texas Court of Appeals: Trial Court Must Sever Breach of Contract and Bad Faith Claims Following an Insurer’s Offer to Settle pages 1 - 2 - Third District Court of Appeals of Florida Holds that...more

New York’s Highest Court Interprets Both State and Federal Antitrust Law and Limits Extraterritorial Application

Global Reinsurance Corp. v. Equitas Ltd., No. 53 (NY Ct. App. 2012), addresses the sufficiency and, more pertinent for our purposes, the extra-territorial reach of antitrust claims under New York’s antitrust statute, the...more

Insurance Antitrust Legal News - July 2012 • Volume 1, Number 2

In This Issue: - Title Insurers Gain Big Antitrust Vict ory in the Third Circuit by James M. Burns - On June 14, the title insurance industry received good news from the Third Circuit Court of Appeals, as the court...more

Insurance Antitrust Legal News - May 2012 • Volume 1, Number 1

In this issue: - McCarran Repeal Legislation Passes in the House In late March, legislation that would repeal the health insurance industry’s antitrust exemption, contained in the McCarran Ferguson Act (15 USC...more

District Court Dismisses Follow-On Suit Challenging Blue Cross's "MFN-Plus' Contracts Under Both Per Se and Rule of Reason...

The District Court for the Eastern District of Michigan recently dismissed antitrust claims brought by the City of Pontiac against Blue Cross Blue Shield of Michigan's practice of requiring hospitals to enter into "MFN-Plus"...more

New York Court of Appeals Holds That State Law Cannot Reach a Purely Foreign Antitrust Conspiracy

In a decision that may reverberate beyond the antitrust context, New York’s highest court — the Court of Appeals — held that the state’s antitrust statute lacks the extraterritorial scope to reach a purely foreign alleged...more

Plaintiffs Lack Standing to Pursue Antitrust Class Action Against Insurance Company Subsidiaries

U.S. District Court – Northern District of California In Perez v. State Farm Mut. Auto. Ins. Co., 2011 WL 5833636 (N.D. Cal. Nov. 15, 2011), the U.S. District Court for the Northern District of California dismissed an...more

California Court of Appeal Holds That Insurers Owe No Duty to Disclose Alternate Pricing Options to Current or Prospective...

In Levine v. Blue Shield of California, No. D056578, __ Cal. App. 4th __, 2010 Cal. App. LEXIS 1893 (Nov. 5, 2010), the Fourth District Court of Appeal, Division One, issued an important published decision that limits the...more

Third Circuit Revives Conspiracy Claims against Hospital and Insurer

The proper role of antitrust enforcement in health care reform is currently a hot topic in Washington and elsewhere. The courts, of course, do not engage in such debates, but only resolve cases brought before them. In a...more

Landmark Proposition 103 Decision Reached

On October 6, 2010, the California Court of Appeal issued a landmark decision involving Proposition 103 insurance rate approval in MacKay v. Superior Court, B220469 & B223772. The legal issue, as Division Three of the...more

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