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ST. CHARLES SURGICAL HOSP. v. LA HEALTH SERVICE

No. 20-30093.

990 F.3d 447 (2021)

ST. CHARLES SURGICAL HOSPITAL, L.L.C.; Center for Restorative Breast Surgery, L.L.C., Plaintiffs-Appellees, v. LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY, doing business as Blue Cross Blue Shield of Louisiana; HMO Louisiana, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED March 8, 2021.

Attorney(s) appearing for the Case

Walter Rimmer Woodruff, Jr. , Matthew Arthur Sherman , Chehardy, Sherman, Williams, Murray, Recile, Stakelum, & Hayes, L.L.C., Metairie, LA, for Plaintiffs-Appellees.

Michael Christopher Drew, Esq. , Richard John Tyler , Jones Walker, L.L.P., New Orleans, LA, Anthony F. Shelley , Adam P. Feinberg, Esq. , Dawn E. Murphy-Johnson , Miller & Chevalier Chartered, Washington, DC, Allison Lee Nunley Pham , Herman Law Firm, Dallas, TX, for Defendants-Appellants.

Before Elrod, Duncan, and Wilson, Circuit Judges.

This case centers on a remand order that the district court entered after Blue Cross Blue Shield of Louisiana ("BCBS") removed this action to federal court. St. Charles Surgical Hospital ("St. Charles") sued BCBS in Louisiana state court, alleging state law fraud and abuse-of-right claims. After St. Charles filed its...

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