JOHN IVAN SUTTER, M.D., P.A., on behalf of himself and all others similarly situated, Plaintiff-Respondent/Cross-Appellant, and
MARIO CRISCITO, M.D., NIRANJAN V. RAO, M.D., ROBERT I. OBERHAND, M.D., and ALEXANDER DLUGI, M.D., Plaintiffs/Objectors-Appellants/Cross-Respondents,
v.
HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY, Defendant-Respondent.
UNION COUNTY MEDICAL SOCIETY, MERCER COUNTY MEDICAL SOCIETY, NEW JERSEY PEDIATRIC SOCIETY, NEW JERSEY ASSOCIATION OF OSTEOPATHIC PHYSICIANS AND SURGEONS, AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, VASCULAR SOCIETY OF NEW JERSEY, NEW JERSEY PATHOLOGY SOCIETY, RADIOLOGICAL SOCIETY OF NEW JERSEY, NEW JERSEY ACADEMY OF OPHTHALMOLOGY, NEW JERSEY STATE SOCIETY OF ANESTHESIOLOGISTS, ORTHOPEDIC SURGEONS OF NEW JERSEY, AND THE NEW JERSEY CHAPTER OF THE AMERICAN COLLEGE OF CARDIOLOGY, Appellants/Cross-Respondents.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Charles X. Gormally argued the cause for appellants/cross-respondents New Jersey Association of Osteopathic Physicians and Surgeons, American College of Emergency Physicians, Vascular Society of New Jersey, New Jersey Pathology Society, Radiological Society of New Jersey, New Jersey Academy of Ophthalmology, New Jersey State Society of Anesthesiologists, Orthopedic Surgeons of New Jersey, and New Jersey Chapter of the American College of Cardiology (Brach Eichler, L.L.C., attorneys; Mr. Gormally , on the joint brief).
John M. Murdock (Benton Potter & Murdock, P.C.) of the Virginia and Washington D.C. bar, admitted pro hac vice, argued the cause for respondent Horizon Blue Cross Blue Shield of New Jersey (Epstein Becker & Green, P.C., and Mr. Murdock , attorneys; Mr. Murdock and Maxine H. Neuhauser , of counsel and on the brief; Michael J. Slocum , on the brief).
Kern Augustine Conroy & Schoppman, P.C., attorneys for appellants/cross-respondents Mario Criscito, M.D. , Union County Medical Society, Mercer County Medical Society, and New Jersey Pediatric Society ( Steven I. Kern , on the joint brief).
Before Judges Fuentes, Koblitz and Haas.
Superior Court of New Jersey, Appellate Division.
NOT FOR PUBLICATION
PER CURIAM.
This case returns to us after we ordered a hearing on remand in Sutter v. Horizon Blue Cross Blue Shield of New Jersey, 406 N.J.Super. 86 (App. Div. 2009). It involves the settlement of a class-action lawsuit instituted on April 12, 2002, by New Jersey physicians against Horizon Blue Cross Blue Shield of New Jersey, Inc. (Horizon), a major medical insurance provider...
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