Hhic highmark

Small group purchasers' damages. The small group purchasers—including Royal Mile Company, Inc. The first measure of damages was barred under the filed rate doctrine, but the second measure of damages was found to be partially valid. Statute of limitations. UPMC and Highmark argued that the purchasers' theory of recovery based on the alleged conspiracy is barred by the statute of limitations.

The court disregarded this argument, finding that relation back is appropriate in this case, as: 1 the proposed TAC is based on the same set of operative facts as the original complaint; 2 it concerns the same transaction at issue in the original complaint; and 3 the defendants had notice of the proposed TAC's factual allegations when the original complaint was filed.

However, the court did note that the small group purchasers could not recover damages sustained prior to December 2, Sufficiency of class action allegations. In reviewing Fed. The issue of adequacy of counsel was not decided at the current stage of proceedings, as there were currently no valid class allegations pending before the court. Consequently, the small group purchasers were allowed to file a third amended complaint containing class allegations regarding a class defined as Highmark customers that were switched to HHIC prior to March 21, Attorneys: Andrew M.

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