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Blue Shield False Ad Trial Split To Avoid Jury Confusion

Law360 (May 23, 2019, 9:05 PM EDT) -- An upcoming trial over class claims that Blue Shield of California falsely markets its "Vital Shield" health care plan was divided on Thursday, after a Los Angeles judge said he must first interpret the policy contract in the trial's first phase to avoid jury confusion.

Superior Court Judge Elihu M. Berle acknowledged that, while there is a risk the parties will have to present the same evidence twice, he said there is a greater risk that a potential jury could end up hearing evidence that needs to be excluded about the policy contract, which would create "undo confusion."

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