HEFFNER v. BLUE CROSS AND BLUE SHIELD OF ALABAMA

No. 04-15477.

443 F.3d 1330 (2006)

Robert P. HEFFNER, Jr., individually and on behalf of all those similarly situated, Plaintiff-Counter-Defendant-Appellee, v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, INC., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Corrected April 24, 2006.


Attorney(s) appearing for the Case

Ed R. Haden, Gregory C. Cook, Leigh Anne Hodge, Cavender Crosby Kimble, Balch & Bingham, LLP, Birmingham, AL, Christopher S. Anulewicz, Balch & Bingham, LLP, Atlanta, GA, for Appellant.

M. Stephen Dampier, Law Office of M. Stephen Dampier, P.C., Fairhope, AL, Ellen Mary Doyle, Joel R. Hurt, Malakoff, Doyle & Finberg, P.C., Pittsburgh, PA, Joseph Michael Druhan, Jr., Johnston, Druhan, LLP, Mobile, AL, for Appellee.

Mary Ellen Signorille, AARP Foundation Lit., Washington, DC, for AARP, Amicus Curiae.

Before CARNES and PRYOR, Circuit Judges, and FORRESTER, District Judge.


CARNES, Circuit Judge:

In this interlocutory appeal we must decide whether the district court abused its discretion in certifying, under Fed. R.Civ.P. 23(b)(2), a class consisting of as many as 240,000 participants and beneficiaries of hundreds of group health plans. The plaintiffs seek a refund of their calendar year deductibles from their common claims administrator, Blue Cross and Blue Shield of Alabama (Blue Cross). They claim that because the summary plan descriptions...

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