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LIBERTY MUT. INS. CO. v. DONEGAN

Docket No. 12-4881-cv.

746 F.3d 497 (2014)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Susan L. DONEGAN, in her Capacity as the Commissioner of the Vermont Department of Financial Regulation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 4, 2014.

Attorney(s) appearing for the Case

Nancy G. Ross, McDermott Will & Emery LLP, Chicago, IL (John A. Litwinski, McDermott Will & Emery LLP, Chicago, IL; M. Miller Baker, McDermott Will & Emery LLP, Washington, DC, on the brief), for Appellant.

Bridget C. Asay, Assistant Attorney General, Office of the Attorney General, Montpelier, VT for William H. Sorrell, Attorney General, State of Vermont, for Appellee.

Kathryn Comerford Todd, National Chamber Litigation Center, Washington, DC (Jane E. Holman, National Chamber Litigation Center, Washington, DC; Carol Connor Cohen and Nancy S. Heermans, Arent Fox LLP, Washington, DC, on the brief), for amicus curiae Chamber of Commerce of the United States of America in support of Appellant.

Melissa Moore, U.S. Department of Labor, Washington, DC (M. Patricia Smith, Solicitor of Labor; Timothy D. Hauser, Associate Solicitor; Nathaniel I. Spiller, Counsel for Appellate and Special Litigation, on the brief), for amicus curiae Acting Secretary of the United States Department of Labor in support of Appellee.

Before: KEARSE, JACOBS, and STRAUB, Circuit Judges.

DENNIS JACOBS, Circuit Judge:

Liberty Mutual Insurance Co. operates a self-insured employee health plan. A Vermont statute requires all "health insurers" (including self-insured plans) to file with the State reports containing claims data and other "information relating to health care." A State regulation specifies how such information must be recorded and transmitted.

When Vermont subpoenaed claims data from the Liberty Mutual plan's third-party administrator...

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