6th Circ. Tosses Antitrust Suit Against PPO

Law360, New York (May 7, 2008, 12:00 AM EDT) -- A federal appeals court has upheld summary judgment in favor of a Michigan medical equipment supplier hit with antitrust claims for excluding a smaller rival from a Blue Cross Blue Shield provider network – and has sanctioned the plaintiff for bringing a frivolous suit.

In addition to supporting the lower court's reasoning, the U.S. Court of Appeals for the Sixth Circuit granted the defendant's request for sanctions against plaintiff B&H Medical LLC and its attorney, Stephen M. Ryan.

The appellate court found that the appeal was...
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