In 2022, U.S. District Judge R. David Proctor approved the $2.67 billion BCBS Subscriber Track Settlement. Since then, certain objectors appealed the settlement to the 11th Circuit Court of Appeals. The appeal was heard by a three-judge panel where the objectors presented arguments regarding the public enforcement of the federal antitrust laws and the apportionment of settlement funds. On October 25, 2023, the panel rejected the objectors arguments and unanimously upheld the settlement. In the Court’s opinion, Chief Circuit Judge William Praytor wrote, “the release in this appeal is limited and affects the rights of only some private individuals to sue Blue Cross, and it does not affect public enforcement of the antitrust laws.”
Shelby Roden Partner, Robert Roden, is a member of the Litigation Committee on the Plaintiff’s Steering Committee for the Healthcare Provider Track, which continues to progress towards a separate settlement.