9th Circ. Won't Hear Sutter Health's Appeal Of Class Cert.

Law360 (October 16, 2020, 10:31 PM EDT) -- The Ninth Circuit summarily refused on Friday to let Sutter Health appeal certification of a damages class of health insurance plan purchasers seeking $489 million on claims they overpaid because the hospital chain violated antitrust laws.

A two-judge panel issued a one-page ruling refusing, "in its discretion," to permit Sutter Health to appeal a late July class certification order from U.S. Magistrate Judge Laurel Beeler.

That means the indirect purchasers — four individuals who paid for their own health insurance and two small companies that covered their employees' health insurance — will be moving forward as a class to allege that Sutter's...

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