Heads I win, tails don’t count files: Ohio HMO suit

Ted Frank — Thu, 05 Oct 2006 11:00:44 +0000

The US Supreme Court denied certiorari on United HealthCare’s attempt to enforce an arbitration agreement in its contracts with doctors who filed an Ohio class action over reimbursements. The underlying class action is essentially identical to one that a federal court threw out as meritless in July, though this isn’t mentioned in the television coverage, much less that from Bizarro-Overlawyered. The Class Action Fairness Act effectively ends this sort of Russian-roulette game where plaintiffs get multiple chances to win a gigantic class action by filing in multiple jurisdictions, but does not apply to class actions (like this one) filed before 2004.

The AMA has supported these lawsuits, which is disappointing, to be sure; as I noted on Point of Law in July, “Next time the AMA complains about the costs of excessive meritless litigation, they can perhaps look in the mirror.”

The plaintiffs’ attorney is Overlawyered favorite Stanley Chesley: see Jul. 4, Mar. 6, Aug. 24, 2005, et cetera.

Tags: arbitration, class actions, forum shopping, heads I win tails don't count, HMOs, Ohio, Stan Chesley

Heads I win, tails don’t count files: Ohio HMO suit is a post from Overlawyered - Chronicling the high cost of our legal system

heads I win tails don’t count – Overlawyered

Heads I win, tails don’t count files: Ohio HMO suit