Court Denies Blue Cross’ Motion to Compel Disclosure of Competitor and Consumer Interviews

In United States v. Blue Cross Blue Shield of Michigan, Eastern District of Michigan Judge Mona K. Majzoub denied a motion to compel, filed by Blue Cross Blue Shield of Michigan, seeking information the government collected in interviews with competitors and customers gathered while investing the case.  In its suit, the government accuses Blue Cross of using most-favored-nation clauses in contracts with more than half of Michigan’s general acute-care hospitals to curb competition and raise prices on health care services and insurance in Michigan.  In its motion to compel, Blue Cross argued that the contested interrogatories seek facts that the government gathered before it filed suit, and not mental impressions or strategy.  The plaintiffs argue that this factual information is not protected by the work-product doctrine.  The court disagreed and denied Blue Cross’ motion to compel; holding that Blue Cross did not meet its burden to show it has a substantial need and the inability to otherwise obtain the information because both parties have equal means of obtaining the information.

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