· 11/29/2010
West Penn Allegheny Health System, Inc. v. UPMC
Citations
- 627 F.3d 85
- 2010 U.S. App. LEXIS 24347
- 2010 WL 4840093
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the complaint plausibly alleged that a “conspiracy resulted in increased premiums and reduced output in the market for health insurance”
- concluding that, if the insurer had been “acting alone, [the health care provider] would have little basis for challenging the reimbursement rates[, and a] firm that has substantial power on the buy side of the market (i e., monopsony power
- explaining that a defendant may raise an affirmative defense in the context of Rule 12(b)(6) if the defense is apparent from the face of the complaint
- finding allegations of a letter between the defendants and the CEO’s admission of concerted action against the plaintiff as adequate allegations of direct evidence on the agreement element
- stating that if defendant had been acting alone, Plaintiff “would have little basis for challenging the reimbursement rates” because “[a] firm that has substantial power on the buy side of the market (i.e., monopsony power
- sustaining complaint that hospital system and health insurer conspired to suppress reimbursement rates paid to healthcare providers
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Barry, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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