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DISCHINGER ORTHO. v. REGENCE BLUECROSS

A158123.

405 P.3d 164 (2017)

288 Or.App. 297

DISCHINGER ORTHODONTICS, PC, a domestic professional corporation; and Tanya L. March, individually and as a parent and natural guardian of BMS#1, a minor, and BMS#2, a minor, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. REGENCE BLUECROSS BLUESHIELD OF OREGON, an Oregon nonprofit public benefit corporation, Defendant-Respondent.

Court of Appeals of Oregon.

October 18, 2017.

Attorney(s) appearing for the Case

David S. Senoff , Pennsylvania, argued the cause for appellants. With him on the opening brief were Darian A. Stanford , Nicholas J. Slinde , Phil J. Nelson , and Slinde Nelson Stanford; William R. Caroselli , Lauren C. Fantini , and Caroselli, Beachler, McTiernan & Conboy, Pennsylvania; and Jay Edelson , Rafey S. Balabanian , Ari J. Scharg , J. Aaron Lawson , and Edelson PC, Illinois. With him on the reply brief were Darian A. Stanford , Nicholas J. Slinde , Phil J. Nelson , and Slinde Nelson Stanford; Anapol Weiss , Pennsylvania; and Jay Edelson , Rafey S. Balabanian , Ari J. Scharg , J. Aaron Lawson , and Edelson PC, Illinois.

Joel A. Mullin argued the cause for respondent. With him on the brief were Rachel C. Lee and Stoel Rives LLP.

Before Armstrong, Presiding Judge, and Egan, Judge, and Shorr, Judge.

Plaintiffs brought these putative class action claims against defendant Regence BlueCross and BlueShield of Oregon, claiming that defendant breached insurance contracts with its policyholders by retaining excessive earnings and distributing them as compensation to executives, in violation of defendant's contracts, articles of incorporation...

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