OPELOUSAS GENERAL HOSPITAL AUTHORITY, A PUBLIC TRUST, D/B/A OPELOUSAS GENERAL HEALTH SYSTEM
LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY D/B/A BLUE CROSS/BLUE SHIELD OF LOUISIANA
FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST.
LANDRY, DOCKET NO. 16-C-3647-C HONORABLE ALONZO HARRIS,
A. Filo Cox, Cox, Filo, Camel & Wilson, L.L.C. COUNSEL
FOR PLAINTIFF/APPELLEE: Opelousas General Hospital Authority,
Patrick C. Morrow James P. Ryan Morrow, Morrow, Ryan, Bassett
& Haik COUNSEL FOR PLAINTIFF/APPELLEE: Opelousas General
Hospital Authority, et al.
Stephen B. Murray Stephen B. Murray, Jr. Arthur M. Murray
COUNSEL FOR PLAINTIFF/APPELLEE: Opelousas General Hospital
Authority, et al.
A. Brown Liskow & Lewis COUNSEL FOR DEFENDANT/APPELLANT:
Blue Cross Blue Shield Association
C. Giglio, Jr. Michael Ishee Liskow & Lewis COUNSEL FOR
DEFENDANT/APPELLANT: Blue Cross Blue Shield Association
E. Laytin Zachary Holmstead Kirkland & Ellis LLP COUNSEL
FOR DEFENDANT/APPELLANT: Blue Cross Blue Shield Association
composed of Sylvia R. Cooks, Shannon J. Gremillion, and Van
H. Kyzar, Judges.
R. COOKS, JUDGE
consolidated appeal and writ application arise from a class
action filed on August 24, 2016 by the Plaintiff, Opelousas
General Hospital Authority, a Public Trust d/b/a Opelousas
General Health System (hereafter OGHA), against the
Defendant, Louisiana Health Service & Indemnity Company
d/b/a Blue Cross Blue Shield of Louisiana (hereafter
BCBS-LA). OGHA alleged that BCBS-LA conspired with Blue Cross
Blue Shield Association (hereafter the Association) and
thirty-five other Blue Cross plans across the United States
to allocate markets, monopolize, and engage in other
anticompetitive conduct. OGHA alleged this conduct was in
violation of the Louisiana Anti-Trust Statute. La.R.S. 51:122
relevant period surrounding the suit filed by OGHA, several
anti-trust class actions were brought against various Blue
Cross Blue Shield entities under both federal and state law.
Many of the actions were consolidated in a federal
Multi-District Litigation (hereafter MDL) in the United
States District Court for the Northern District of Alabama.
OGHA maintains its lawsuit is different from the ones in the
MDL, in that the suit is tailored only against BCBS-LA and
asserts only monetary claims under Louisiana law.
accordance with La.Code Civ.P. art. 593, OGHA moved for class
certification on November 3, 2016. On December 22, 2016,
BCBS-LA filed an Exception of Prematurity and Alternative
Motion to Compel Arbitration, contending the claims asserted
in the OGHA class action were subject to an arbitration
agreement. The trial court denied the exception and
alternative motion on March 8, 2017.
March 16, 2017, BCBS-LA filed a Notice of Intention to Apply
for Supervisory Writs from the denial of the exception and
alternative motion. On April 8, 2017, BCBS-LA filed a Motion
for Stay with the district court pending its writ application
on the denial of its exception. On April 24, 2017, the
district court entered a Per Curiam, setting BCBS-LA's
Motion to Stay Proceedings Pending Writ Application for a
hearing on May 12, 2017 and OGHA's Motion of Class
Certification for hearing on June 29, 2017. On May 15, 2017,
the district court denied the Motion to Stay Proceedings.
14, 2017, BCBS-LA filed a renewed Motion to Stay with the
district court. On June 19, 2017, during a telephone
conference, the district court denied the renewed Motion to
Stay and advised the parties the class certification hearing
set for hearing on June 29, 2017, would proceed as scheduled.
On that same day, BCBS-LA filed an Expedited Motion for Stay