BCBS Antitrust Litigation: Revisiting the Appropriate Standard of Review

BIRMINGHAM, Ala. – On March 05, 2021, U.S. District Judge R. David Proctor in the Northern District of Alabama issued an Order in MDL No. 2406 for the Provider Track of the Blue Cross Blue Shield Antitrust suit regarding the appropriate standard of review for the Providers’ claims. This Order came after both the Providers and the Blues agreed to further revisit what standard of review should be applied in this suit.

Judge Proctor states that because this change will effect the appropriateness of class certification, the Court has terminated the pending Motion for Class Certification is terminated and new Scheduling Order has been issued. The new schedule is as follows: Standard of Review Motions are due on May 21, 2021; Oppositions to Standard of Review Motions are due on June 21, 2021; Reply in Support of Standard of Review Motions are due on July 12, 2021. Further, all potentially dispositive motions on issues of liability which are not dependent on the outcome of class certification, materials in support, and supporting expert reports are due on June 18, 2021. After the filing of such Motions, the parties will confer and present an appropriate briefing schedule proposal to the Court by June 25, 2021.