Analysis

NJ Justices Underscore Limits To Blocking Discovery Bids

By Jeannie O'Sullivan (July 26, 2017, 8:20 PM EDT) -- A New Jersey Supreme Court decision allowing hospitals to secure documents from Horizon Healthcare Services Inc. in litigation over the insurer's tiered coverage plan should serve as a warning to lower appellate courts to largely avoid tackling whether an ongoing lawsuit will succeed when weighing bids to force discovery, experts say.

The justices' unanimous decision Monday reversed an appellate panel's stay of orders compelling the discovery of information such as the agreements between the higher-tier hospitals, known as "Tier 1" facilities, and Horizon's Omnia Alliance system, along with criteria used to differentiate Tier 1 and lower-rung, or "Tier 2," facilities. The hospitals...

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