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MARK IBSEN, INC. v. CARING FOR MONTANANS

No. DA 15-0205.

371 P.3d 446 (2016)

2016 MT 111

Mark IBSEN, INC., d/b/a Urgent Care Plus, on behalf of itself and all those similarly situated, Plaintiff and Appellant, v. CARING FOR MONTANANS, INC., f/k/a Blue Cross and Blue Shield of Montana, Inc., and Health Care Service Corp., and John Does I-X, Defendants and Appellees.

Supreme Court of Montana.

Decided May 11, 2016.

Attorney(s) appearing for the Case

For Appellant: John M. Morrison (argued), Linda M. Deola , Morrison Sherwood Wilson & Deola, PLLP, Helena, Montana, John Heenan , Bishop & Heenan, Billings, Montana.

For Appellees: Michael F. McMahon (argued), Stefan T. Wall , McMahon, Wall & Hubley, PLLC, Helena, Montana, (Attorneys for Caring for Montanans, Inc.), Stan Kaleczyc (argued), Kimberly A. Beatty , Christy S. McCann , Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana, (Attorneys for Health Care Service Corp.).

For Amici: Jesse Laslovich , Chief Legal Counsel, Lucas Hamilton , Legal Intern, Office of the Commissioner of Securities and Insurance, Montana State Auditor, Helena, Montana, (Attorney for Montana State Auditor), Lawrence A. Anderson , Attorney at Law, P.C., Great Falls, Montana, (Attorney for Montana Trial Lawyer Association's).

¶ 1 Mark Ibsen, Inc., doing business as Urgent Care Plus (hereinafter Ibsen), owned and operated the Urgent Care Plus medical clinic in Helena, Montana. The clinic employed numerous employees and was a small business member of the Montana Chamber of Commerce. Ibsen purchased health...

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