§Why CasetextPricing

Alliancemed Llc v. Premera Blue Cross And Blue Shield of Alaska et al

MOTION to Dismiss for Lack of Jurisdiction

12 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,850 times   142 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. White v. Lee

    227 F.3d 1214 (9th Cir. 2000)   Cited 2,149 times   1 Legal Analyses
    Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”

  3. Odom v. Microsoft Corp.

    486 F.3d 541 (9th Cir. 2007)   Cited 875 times
    Holding that plaintiffs had sufficiently alleged an association-in-fact enterprise of two corporations

  4. Schmier v. United States Court of Appeals for the Ninth Circuit

    279 F.3d 817 (9th Cir. 2002)   Cited 305 times
    Holding amendment futile where "it was not factually possible for plaintiff to amend the complaint so as to satisfy [the underlying problem]"

  5. Simon v. Value Behavioral Health, Inc.

    208 F.3d 1073 (9th Cir. 2000)   Cited 206 times
    Holding that only providers can sue under 29 U.S.C. § 1132 to enforce an assigned benefits claim

  6. Misic v. Building Service Employees Health

    789 F.2d 1374 (9th Cir. 1986)   Cited 208 times
    Holding that a physician, "as assignee of beneficiaries pursuant to assignments valid under ERISA, has standing to assert the claims of his assignors," and so can sue to recover benefits under § 502(B) of ERISA

  7. Almont Ambulatory Surgery Ctr., LLC v. UnitedHealth Grp., Inc.

    99 F. Supp. 3d 1110 (C.D. Cal. 2015)   Cited 66 times   1 Legal Analyses
    Ruling the plaintiffs did not meet their pleading burden under section 502(B), but noting it was "a close call" and "quite likely that the deficiencies . . . can easily be corrected" and granting leave to amend

  8. Menkowitz v. Blue Cross Blue Shield of Ill.

    Civ. No. 14-2946 (D.N.J. Oct. 23, 2014)   Cited 16 times
    Finding the complaint, drawing all inferences in favor of the plaintiff, appeared to demonstrate the patient is indebted to the providers for unpaid medical services

  9. Torpey v. Blue Cross Blue Shield of Tex.

    Civil Action No. 12-cv-7618 (JAP) (D.N.J. Jan. 30, 2014)   Cited 8 times
    Holding that "where a plan contains an anti-assignment provision, the provision is enforceable and the assignment is ineffectual."

  10. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,013 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  12. Section 2560.503-1 - Claims procedure

    29 C.F.R. § 2560.503-1   Cited 2,878 times   78 Legal Analyses
    Adopting the requirements of 29 C.F.R. § 2560.503-1