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AMERICAN ORTHOPEDIC & SPORTS MED v. INDEPENDENCE

No. 17-1663.

890 F.3d 445 (2018)

AMERICAN ORTHOPEDIC & SPORTS MEDICINE, on assignment of Joshua S., Appellant v. INDEPENDENCE BLUE CROSS BLUE SHIELD; Horizon Blue Cross Blue Shield of New Jersey.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 16, 2018.

Attorney(s) appearing for the Case

Samuel S. Saltman , [Argued], Callagy Law, 650 From Road, Suite 565, Paramus, NJ 07652, Counsel for Appellant.

Susan M. Danielski , [Argued], Gerald J. Dugan , Dugan Brinkmann Maginnis & Pace, 1880 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103, Counsel for Appellee Independence Blue Cross Blue Shield.

Michael E. Holzapfel , [Argued], Becker LLC, 354 Eisenhower Parkway, Plaza II, Suite 1500, Livingston, NJ 07039, Counsel for Appellee Horizon Blue Cross Blue Shield of New Jersey.

Before: AMBRO, KRAUSE, and RENDELL, Circuit Judges.

OPINION OF THE COURT

With the evolution of managed healthcare and the advent of provider networks and other cost-control mechanisms, many insurers in recent years have incorporated into their health insurance plans clauses that purport to bar insureds from assigning their claims to any third party — even the...

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