BLUE CROSS AND BLUE SHIELD OF VIRGINIA
v.
ST. MARY'S HOSPITAL OF RICHMOND, INC.
ST. MARY'S HOSPITAL OF RICHMOND, INC.
v.
BLUE CROSS AND BLUE SHIELD OF VIRGINIA.
Supreme Court of Virginia.https://leagle.com/images/logo.png
January 8, 1993.
January 8, 1993.
Attorney(s) appearing for the Case
Gilbert E. Schill, Jr., Richmond (James P. McElligott, Jr., Robert T. Adams, Catherine Currin Hammond, Thomas J. Stallings, Thomas E. Martenstein, Jeanette D. Rogers, McGuire, Woods, Battle & Boothe, on briefs), for appellant in Record No. 920146.
Judith B. Henry, Richmond (Martin A. Donlan, Jr.; Thomas F. Hancock, Nicholas A. Spinella, Crews & Hancock, Spinella, Owings & Shaia, on brief), for appellee in Record No. 920146.
HCA Health Services of Virginia, Inc. (William D. Iverson, William J. Shieber, Covington & Burling, Washington, DC, on brief), amicus curiae in Record No. 920146.
Judith B. Henry (Martin A. Donlan, Jr.; Thomas F. Hancock, Nicholas A. Spinella, Crews & Hancock, Spinella, Owings & Shaia, on briefs), for appellant in Record No. 920173.
Gilbert E. Schill, Jr. (James P. McElligott, Jr., Robert T. Adams, Catherine Currin Hammond, Thomas J. Stallings, Thomas E. Martenstein, Jeanette D. Rogers, McGuire, Woods, Battle & Boothe, on brief), for appellee in Record No. 920173.
Present: COMPTON, STEPHENSON, WHITING, LACY, HASSELL and KEENAN, JJ., and POFF, Senior Justice.
Supreme Court of Virginia.
STEPHENSON, Justice.
The principal issues in these consolidated appeals are (1) whether Code § 38.2-4209, which provides for "[p]referred provider subscription contracts," is preempted by the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq.; and, if it is not, (2) whether Blue Cross and Blue Shield of Virginia (Blue Cross) violated Code § 38.2-4209(C) when it established a preferred provider organization...
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