This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Unfair Business Practices
False Advertising

California Medical Association; Lisa M. Asta, M.D.; Richard S. Stearn, M.D. v. Blue Shield of California Life & Health Insurance Co. dba Blue Shield of California Physician's Service dba Blue Shield of California and Does 1 through 100

Published: Apr. 23, 2011 | Result Date: Mar. 23, 2011 | Filing Date: Jan. 1, 1900 |

Case number: RG10535619 Bench Decision –  Dismissal

Court

Alameda Superior


Attorneys

Plaintiff

Adam P. Plant

Nicholas B. Roth

Michael C. Eyerly

Raymond P. Boucher
(Boucher LLP)

D. Brian Hufford

Helen Zukin

Robert J. Axelrod

Alan M. Mansfield
(Whatley Kallas LLP)

Edith M. Kallas
(Whatley Kallas LLP)


Defendant

Gregory N. Pimstone
(Manatt, Phelps & Phillips LLP)


Facts

Blue Shield of California launched its Blue Ribbon Recognition Program in June 2010, which analyzed doctors statewide, posting blue ribbons on its website next to the names of those who met national standards for quality care.

Contentions

PLAINTIFF'S CONTENTIONS:
The California Medical Association (CMA) filed suit against Blue Shield, alleging that its online doctor-rating system was inaccurate and misleading to consumers. The CMA contended that the system failed to account for information on patient's charts, outcomes and previous treatment, relying only on limited data.

Result

The court granted Blue Shield's Special Motion to Strike under California's anti-SLAPP statute and dismissed the complaint.


#115935

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390