WHEELING HOSP. v. HEALTH PLAN OF UPPER OHIO VALLEY

No. 11-1694.

683 F.3d 577 (2012)

WHEELING HOSPITAL, INCORPORATED, a West Virginia not for profit corporation; Belmont Community Hospital, Incorporated, an Ohio not for profit corporation, Plaintiffs-Appellees, and Wheeling Pediatrics, LLC, an Ohio limited liability company; Women's Health Specialists of Wheeling Hospital, LLC, a West Virginia limited liability company, on behalf of themselves and all others similarly situated; Medical Park Anesthesiologists, Incorporated, a West Virginia corporation; Kenneth C. Nanners, M.D.; Kenneth S. Allen, M.D.; William H. Wright, M.D.; Judith T. Romano, M.D.; Wayt Health Care PLLC, a West Virginia professional limited liability company, on behalf of themselves and all others similarly situated, Plaintiffs, v. The HEALTH PLAN OF THE UPPER OHIO VALLEY, INCORPORATED, a federally qualified and state-certified not for profit health maintenance organization, Defendant-Appellant, Ohio Valley Health Services and Education Corporation, a West Virginia not for profit corporation; Ohio Valley Medical Center, a West Virginia not for profit corporation; East Ohio Regional Hospital, an Ohio not for profit corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 27, 2012.


Attorney(s) appearing for the Case

ARGUED: Allen M. Lopus , Thorp, Reed & Armstrong, LLP, Pittsburgh, Pennsylvania, for Appellant. Mark A. Colantonio , Frankovitch, Anetakis, Colantonio & Simon, Weirton, West Virginia, for Appellees. ON BRIEF: Carl N. Frankovitch , Michael G. Simon , Frankovitch, Anetakis, Colantonio & Simon, Weirton, West Virginia; Anthony Cillo , Cohen & Grigsby PC, Pittsburgh, Pennsylvania, for Appellees.

Reversed by published opinion. Judge DUNCAN wrote the opinion, in which Judge GREGORY and Judge DIAZ joined.


OPINION

DUNCAN, Circuit Judge:

Appellees Wheeling Hospital and Belmont Hospital (collectively "the hospital plaintiffs"), along with other medical providers, commenced this putative class action in West Virginia state court on May 19, 2010, against the Ohio Valley Health Services and Education Corporation, Ohio Valley Medical Center and East Ohio Regional Hospital, (collectively, the "OV Health System Parties"), and appellant The Health Plan of the Upper...

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