LIBERTY MUT. INS. CO. v. DONEGAN

Docket No. 12-4881-cv.

746 F.3d 497 (2014)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Susan L. DONEGAN, in her Capacity as the Commissioner of the Vermont Department of Financial Regulation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 4, 2014.


Attorney(s) appearing for the Case

Nancy G. Ross , McDermott Will & Emery LLP, Chicago, IL ( John A. Litwinski , McDermott Will & Emery LLP, Chicago, IL; M. Miller Baker , McDermott Will & Emery LLP, Washington, DC, on the brief), for Appellant.

Bridget C. Asay , Assistant Attorney General, Office of the Attorney General, Montpelier, VT for William H. Sorrell , Attorney General, State of Vermont, for Appellee.

Kathryn Comerford Todd , National Chamber Litigation Center, Washington, DC ( Jane E. Holman , National Chamber Litigation Center, Washington, DC; Carol Connor Cohen and Nancy S. Heermans , Arent Fox LLP, Washington, DC, on the brief), for amicus curiae Chamber of Commerce of the United States of America in support of Appellant.

Melissa Moore , U.S. Department of Labor, Washington, DC ( M. Patricia Smith , Solicitor of Labor; Timothy D. Hauser , Associate Solicitor; Nathaniel I. Spiller , Counsel for Appellate and Special Litigation, on the brief), for amicus curiae Acting Secretary of the United States Department of Labor in support of Appellee.

Before: KEARSE, JACOBS, and STRAUB, Circuit Judges.


DENNIS JACOBS, Circuit Judge:

Liberty Mutual Insurance Co. operates a self-insured employee health plan. A Vermont statute requires all "health insurers" (including self-insured plans) to file with the State reports containing claims data and other "information relating to health care." A State regulation specifies how such information must be recorded and transmitted.

When Vermont subpoenaed claims data from the Liberty Mutual plan's third-party administrator...

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