January 22, 2013

Supreme Court Agrees That No Further Review of Insurance Case Is Warranted

Blue Cross and Blue Shield of Montana Inc. v. Dale Fossen, No. 11-1155, involved an important application of ERISA preemption law. Blue Cross had argued that ERISA preempted Montana’s “little HIPAA” and unfair trade practice laws, but the Ninth Circuit disagreed. Blue Cross filed a petition for certiorari, and after the Supreme Court called for the views of the United States, Stris & Maher LLP was retained by the former Insurance Commissioner for the State of Montana to serve as lead appellate counsel and meet with the Government. After reviewing letter submissions and meeting with both sides, the Government recommended denial of the petition. The petition was denied preserving the Ninth Circuit victory for our clients.

Click here to read our letter brief.

Related press coverage:
High Court Won’t Rule On State-Federal HIPAA Clash (Law360, January 22, 2013) (subscription required)