9th Circ. Revives Antitrust Suit Against Sutter Health

Law360, Los Angeles (July 15, 2016, 6:58 PM EDT) -- The Ninth Circuit in an unpublished memorandum on Friday reversed a lower court's dismissal of a putative class action against hospital operator Sutter Health for allegedly restricting competition in the health care market, saying the charges were prematurely dismissed.

The action, brought by three plaintiffs seeking to represent customers of several health insurance plans in northern California, was dismissed in 2014 for failing to plausibly define the relevant geographic markets, but the three-judge Ninth Circuit panel said the geographic market allegations in the customers’ third amended complaint were sufficiently detailed.

“The district court, employing its judicial experience and common sense, was...

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