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SALOOJAS, INC. v. AETNA HEALTH OF CALIFORNIA, INC.

Nos. 22-16034, 22-16035, 22-16036, 22-16037, 22-16038.

80 F.4th 1011 (2023)

SALOOJAS, INC., Plaintiff-Appellant, v. AETNA HEALTH OF CALIFORNIA, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2023.

Attorney(s) appearing for the Case

Michael L. Gabriel (argued), Law Office of Michael Lynn Gabriel, Redwood City, California, for Plaintiff-Appellant.

Emily S. Costin (argued), Alston & Bird LLP, Washington, D.C.; David B. Carpenter , Alston & Bird LLP, Atlanta, Georgia; for Defendant-Appellee.

Charles C. Gokey , Engstrom Lee, Minneapolis, Minnesota; Jeffrey S. Gleason , Robins Kaplan LLP, Minneapolis, Minnesota; for Amicus Curiae Premera Blue Cross.

Before: Kim McLane Wardlaw, Jacqueline H. Nguyen, and Lucy H. Koh, Circuit Judges.

OPINION

Saloojas, Inc. ("Saloojas") filed five actions against Aetna Health of California, Inc. ("Aetna"), seeking to recover the difference in cost between its posted cash price for COVID-19 testing and the amount of reimbursement it received from Aetna. Saloojas argues that § 3202 of the CARES Act requires...

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