A lawsuit between Blue Cross & Blue Shield of Minnesota and a Nebraska-based Covid-19 testing lab is moving forward after a federal judge dismissed all but two of the lab’s 21 counterclaims against the insurer.
GS Labs LLC can press claims for benefits under the Employee Retirement Income Security Act and promissory estoppel under Minnesota law, Judge Eric C. Tostrud said Monday. But its remaining claims, which assert violations of antitrust and consumer statutes, along with various contract and negligence claims, are implausible, he said.
The lawsuit, filed by Blue Cross in the US District Court for the District of ...
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