Howard W. Providence Health Plan

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Howard W. Providence Health Plan (U.S. Dist. Ct. for the Dist. of UT, case no. 2:20cv463 JNP, Sept. 29, 2021). This case is very similar to the Michael L. v. Anthem Blue Cross & Blue Shield decision below.  In this case, Judge Jill Parrish denied Defendants’ motion to dismiss for lack of personal jurisdiction but granted Defendants’ motion to transfer venue to the Western District of Washington.  Regarding the first motion, Judge Parrish noted Defendants “failed to show a ‘constitutionally significant inconvenience”…. and therefore did not violate “the principles of due process.”  On the second motion, she observed the patient’s “eight-month treatment in Utah provided the only connection to this forum.  None of the parties reside in Utah.  The Plan was not administered in Utah.  The alleged breaches did not occur in Utah.  The decision to deny benefits was not made in Utah.”  As a result, “Plaintiffs’ choice of forum is entitled to little wight and is not controlling.”  She added the fact the Plaintiffs have asserted a Parity Act violation claim does not impact this analysis.

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