Kentucky Lawsuit Update

The Honorable Joseph Bamberger has ruled that discovery may proceed in the Kentucky lawsuit against insurers.

Citing the lack of arbitration agreements between the Academy of Medicine of Cincinnati, the Northern Kentucky Medical Association, some physician plaintiffs and the defendants, the Judge denied the defendants' motion to stay discovery while their appeals of his decision denying their motions to compel arbitration are pending. Without arbitration clauses, those parties' claims cannot be subject to arbitration.

As a result of Judge Bamberger's ruling, fact finding regarding plaintiffs' antitrust allegations, which mirror those in the Ohio suit, may begin. Aetna, Anthem, Humana, and United HealthCare will, therefore, be required to produce documents and may also be subject to depositions.