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Kentucky Court Rules In Academy's Favor Just as a Hamilton County Court ruled recently that the Academy's suit against four area insurers could go forward, Judge Joseph Bamberger has done the same in Boone Circuit Court.Judge Bamberger stated in his three-page ruling that, "All of the defendants' (the insurers) motions are not well taken and are therefore overruled." The ruling, subject to appeal, dismisses the insurers' claims that the underlying issues in the suit were subject to the various arbitration clauses in their provider contracts. It also affirmed the Academy's standing as a party to the suit and that discovery may proceed. Appeal Filed in Ohio Suit Attorneys for the defendant insurance companies (Aetna, Humana, Anthem and United) have filed a Notice of Appeal in Hamilton County Appeals Court. The insurers seek to overturn Judge David Davis' January rulings in favor of the Academy and named physician plaintiffs.Request to Stay Discovery also Filed The insurers have also filed a motion to stay discovery during the appeals process. Attorneys for the Academy have responded with a Memorandum of Opposition to allow the discovery, or evidence gathering process, to proceed per Judge Davis' rulings.Class Certification Sought A motion for class certification has been filed on behalf of the Academy, et al asking the Court to certify the class in the suit. According to the motion, the class would include, "All physicians who are or have been engaged in the practice of medicine since January 1, 1992 in Hamilton, Clermont, Butler and Warren Counties in the State of Ohio."A similar motion will be filed in Boone County relative to the Kentucky suit. |
The Academy of Medicine of Cincinnati
2300 Wall Street, Suite F, Cincinnati, Ohio 45212
(513) 421-7010 academy@academyofmedicine.org