No. 19-15963.

981 F.3d 664 (2020)

DAVITA INC.; Star Dialysis, LLC, Plaintiffs-Appellants, v. AMY'S KITCHEN, INC.; Amy's Kitchen, Inc. Employee Benefit Health Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 24, 2020.

Attorney(s) appearing for the Case

John Patrick Elwood (argued), Andrew T. Tutt , and Samuel F. Callahan , Arnold & Porter Kaye Scholer LLP, Washington, D.C., for Plaintiffs-Appellants.

Floyd G. Short (argued) and Katherine M. Peaslee , Susman Godfrey LLP, Seattle, Washington, for Defendants-Appellees.

Deanna J. Reichel , Fish & Richardson P.C., Minneapolis, Minnesota, for Amicus Curiae Dialysis Patient Citizens.

Mary L. Stoll , Stoll Law Group, PLLC, Seattle, Washington, for Amici Curiae Self-Insurance Institute of America, Inc. and Pacific Health Coalition.

Opinion by Judge Graber


Renal dialysis is a life-saving treatment for those with serious kidney afflictions, including acute kidney injury and end-stage renal disease ("ESRD"). Plaintiffs DaVita, Inc., and Star Dialysis (collectively, "DaVita") provide dialysis treatment to many patients...

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