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· 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 CourtListener

Sourced 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.