Law360 (March 27, 2023, 8:52 PM EDT) — Three businesses have asked the Eleventh Circuit to reverse an Alabama federal court’s approval of a $2.67 billion antitrust deal in multidistrict litigation against Blue Cross Blue Shield insurers.
In two separate briefs filed on Friday, Topographic Inc., joined by Employee Services Inc., and Home Depot Inc. argued that the Eleventh Circuit should reject the settlement approval, citing different reasons. While Topographic and Employee Services said the court failed to adequately scrutinize the allocation of the settlement among plaintiffs, Home Depot warned that the current agreement would prevent national employers not participating in the settlement from making similar claims in the future.