JUDGE DENIES BLUES' MOTIONS TO DISMISS

 

On Wednesday, December 21, 2016, The Honorable David Proctor denied Motions to Dismiss filed by nine Blue Cross and Blue Shield licenses, who claimed that they were not subject to personal jurisdiction in the Northern District of Alabama, and venue was not proper there. The Blues defendants were seeking to escape a suit alleging that the Blues have unlawfully allocated geographic markets and fixed prices. In his Memorandum Opinion, available here, Judge Proctor, in a 63 page opinion,  outlined why jurisdiction was appropriate and why the Blues’ arguments that the Northern District of Alabama was not a proper venue for the proceedings failed. Whatley Kallas LLP is lead counsel for the Provider Plaintiffs and led the effort to keep these Blues in the case. Judge Proctor’s ruling was also the subject of a Law360 article which can be found here.  WhatleyKallas Partner, Joe Whatley stated the Plaintiffs are “very pleased with the well-reasoned ruling.”