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Blue Cross Subscribers’ Antitrust Damages Recovery Options Limited

Feb. 24, 2017, 8:48 PM

Blue Cross Blue Shield subscribers in a massive antitrust case can only recover money damages for premiums that differed from the rate approved by Alabama insurance regulators (In re Blue Cross & Blue Shield Antitrust Litig., N.D. Ala., No. 2:13-cv-20000, 2/23/17).

Judge R. David Proctor of the U.S. District Court for the Northern District of Alabama Feb. 23 dismissed some claims in the multidistrict litigation, finding that the “filed rate doctrine” precluded those subscribers from seeking monetary damages from the insurers. The filed rate doctrine is a judicially created concept that bars antitrust plaintiffs from seeking...

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