Disqualification Row Emerges in $2.8B Blue Cross Settlement as Opt-Out Deadline Approaches

A $2.8 billion antitrust settlement proposed between health care providers and Blue Cross Blue Shield has encountered a new hurdle as co-lead counsel attempts to disqualify plaintiffs’ attorneys with alleged conflicts of interest.

Providers currently face a March 4 deadline for deciding whether to stay in the agreement, which was poised to end a 12-year litigation over insurance price fixing, or opt out and sue Blue Cross Blue Shield on their own. However, boutique health care law firm and co-lead counsel in the case Whatley Kallas filed motions to prevent Zuckerman Spaeder and Polsinelli Law Firm from soliciting health care providers looking to opt out of the settlement.

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