Blue Cross Cites Split Circuits In Antitrust Immunity Appeal

Law360, New York (March 8, 2012, 5:47 PM EST) -- Blue Cross Blue Shield of Michigan on Monday challenged the Sixth Circuit’s refusal to hear its appeal of a ruling denying its state action immunity defense in an antitrust suit, saying the circuit courts were split on the question of whether such denials are immediately appealable.

The insurer, facing a suit brought by the U.S. and the state of Michigan that seeks to enjoin it from the use of most-favored-nation clauses in its contracts with Michigan hospitals, is asking the appeals court to hear its interlocutory appeal...
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