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MEDICAL SOC. v. BAKKE

892 A.2d 728 (2006)

383 N.J. Super. 498

The MEDICAL SOCIETY OF NEW JERSEY, Plaintiff-Appellant, v. The Honorable Holly C. BAKKE, in her official capacity as Commissioner of the State of New Jersey's Department of Banking and Insurance; The Honorable Clifton R. Lacy, M.D., in his official capacity as Commissioner of the State of New Jersey's Department of Health and Senior Services; The State Of New Jersey; and United Healthcare, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 2006.

Attorney(s) appearing for the Case

Steven I. Kern argued the cause for appellant (Kern Augustine Conroy & Schoppmann, attorneys; Mr. Kern and Robert J. Conroy, of counsel and on the brief).

Karyn G. Gordon, Deputy Attorney General, argued the cause for respondents New Jersey Department of Banking and Insurance and New Jersey Department of Health and Senior Services (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Gordon, on the brief).

Samuel Kadet argued the cause for respondent United Healthcare, Inc. (Skadden, Arps, Slate, Meagher & Flom, attorneys; Mr. Kadet, Lauren Aguiar and Andrew Muscato, on the brief).

Before Judges SKILLMAN, PAYNE and FRANCIS.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The Medical Society of New Jersey appeals a final decision of the Commissioner of Banking and Insurance approving the acquisition of a health care insurance provider by another health care insurance provider. The primary issues are whether the Medical Society has standing to challenge the Commissioner's approval, and if it does, whether the Society is entitled to pursue its challenge by a trial de...

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