· 8/11/2010
Choice Healthcare, Inc. v. Kaiser Foundation Health Plan
Citations
- 615 F.3d 364
- 2010 U.S. App. LEXIS 16669
- 2010 WL 3156773
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Colorado insurer was not subject to personal jurisdiction notwithstanding its “agreement to participate in the Multiplan PPO through which it would receive discounted rates for services rendered by [the provider] in Louisiana”
- concluding no general personal jurisdiction existed in part because defendant lacked officer, property, accounts, taxes, business license, and business in the forum
- \Deriving revenue from such commercial activity is the quid pro quo for requiring the defendant to suffer a suit in the foreign forum.\
- reasoning that deriving revenue from a “sales or distribution network” designed to nationally market products “is the quid pro quo for requiring the defendant to suffer a suit in the foreign forum” (citations omitted)
- finding no purposeful availment in the forum by non-resident insurer where its insured, by their own volition, went to the forum for treatment
- finding the intermittent payments to a forum over the course of three years was insufficient for general jurisdiction
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Smith, Haynes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.