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HEALTH NET, INC. v. WOOLEY

Nos. 07-30607, 07-31128.

534 F.3d 487 (2008)

HEALTH NET, INC., Plaintiff-Appellant, James C. Percy; Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Appellants, v. J. Robert WOOLEY, Former Commissioner of Insurance for the State of Louisiana in His Capacity as Liquidator of AmCare Health Plans of Louisiana, Inc.; Marlon Harrison, as Receiver of AmCare Health Plans of Louisiana, Inc.; Kim Holland, Oklahoma Insurance Commissioner, as the Receiver of AmCare Health Plans of Oklahoma, Inc.; Jean Johnson, Special Deputy Receiver of AmCare Health Plans of Texas, Inc., and AmCare Management, Inc.; James J. Donelon, Louisiana Commissioner of Insurance, as Successor-in-Interest to and in the Capacity as Liquidator of AmCare Health Plans of Louisiana, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 8, 2008.

Attorney(s) appearing for the Case

James Conner Percy, Leon Gary, Jr., David Matthew Kerth, Brandon Kelly Black, Jones Walker, Baton Rouge, LA, Edward H. Bergin, Robert B. Bieck, Jr., R. Patrick Vance (argued), Virginia W. Gundlach, Jones Walker, New Orleans, LA, for all Appellants.

J.E. Cullens, Jr. (argued), Moore, Walters, Thompson, Thomas, Papillion & Cullens, Baton Rouge, LA, for Wooley, Harrison, Holland and Donelon.

Joseph J. McKernan, McKernan Law Firm, Baton Rouge, LA, Robert H. Nunnally, Jr. (argued), Wisener Nunnally, Garland, TX, for Johnson.

Before REAVLEY, SMITH and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

After a trial in state court, Health Net, Inc. ("Health Net"), sued in federal court to block the enforcement of the state court's judgments. Relying on Louisiana state law, Health Net alleged that the judgments were null because of improper ex parte communication between the defendants and the state court judge. The defendants argued the federal court lacked jurisdiction and that the suit was frivolous. The district court agreed...

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