RIGHTCHOICE MANAGED CARE v. HOSP. PARTNERS

No. 22-3457.

109 F.4th 1054 (2024)

RIGHTCHOICE MANAGED CARE, INC.; Blue Cross of California, Inc., doing business as Anthem Blue Cross; Anthem Blue Cross Life and Health Insurance Company; Rocky Mountain Hospital and Medical Service, Inc., doing business as Anthem Blue Cross and Blue Shield; Anthem Health Plans, Inc., doing business as Anthem Blue Cross and Blue Shield; Blue Cross and Blue Shield of Georgia, Inc.; Blue Cross Blue Shield Healthcare Plan of Georgia, Inc.; Anthem Insurance Companies, Inc., doing business as Anthem Blue Cross and Blue Shield; Anthem Health Plans of Kentucky, Inc., doing business as Anthem Blue Cross and Blue Shield; Anthem Health Plans of Maine, Inc., doing business as Anthem Blue Cross and Blue Shield; Healthy Alliance Life Insurance Company; HMO Missouri, Inc.; Anthem Health Plans of New Hampshire, Inc., doing business as Anthem Blue Cross and Blue Shield; Empire HealthChoice Assurance, Inc., doing business as Empire Blue Cross and Blue Shield; Community Insurance Company, doing business as Anthem Blue Cross and Blue Shield; Anthem Health Plans of Virginia, Inc., Anthem Blue Cross and Blue Shield; HMO Healthkeepers, Inc., doing business as Anthem Blue Cross and Blue Shield; Blue Cross Blue Shield of Wisconsin, doing business as Anthem Blue Cross and Blue Shield; Compcare Health Services Corporation; Blue Cross Blue Shield of Michigan Mutual Insurance Company; Blue CrossM, Inc., doing business as Blue Cross Blue Shield of Minnesota; Regence Bluecross Blueshield of Oregon; Regence Bluecross Blueshield of Utah; Regence Blueshield; Regence BlueShield of Idaho, Inc., Plaintiffs-Appellees, v. HOSPITAL PARTNERS, INC.; Hospital Laboratory Partners, LLC; RAJ Enterprises of Central Florida, LLC, Pinnacle Laboratory Services; Empower H.I.S. LLC; David Byrns; Jorge Perez, Defendants LabMed Services, LLC; SeroDynamics, LLC; Beau Gertz; Mark Blake, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 29, 2024.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Joseph Fredric Yeckel, of Saint Louis, MO. The following attorney(s) appeared on the appellant brief; Michael Gross, of Saint Louis, MO., and Joseph Fredric Yeckel, of Saint Louis, MO.

Counsel who presented argument on behalf of the appellee was Neal F. Perryman, of Saint Louis, MO. The following attorney(s) appeared on the appellee brief; Neal F. Perryman, of Saint Louis, MO., Jeffrey Sullivan Gleason, of Minneapolis, MN., Michael L Jente, of Saint Louis, MO., and Nathaniel Moore, of Minneapolis, MN.

Before LOKEN, SHEPHERD, and KOBES, Circuit Judges.


Beau Gertz, Mark Blake, SeroDynamics, and LabMed Services (collectively, the Sero Defendants) perpetrated a pass-through billing scheme for lab tests billed from a 15-bed hospital in Unionville, Missouri. A jury found them liable for fraud, tortious interference with contract, civil conspiracy, and money had and received under...

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