Oscar Insurance Company of Florida v. Blue Cross and Blue Shield of Florida, Inc. et al.

The court ruled in favor of our client in this healthcare antitrust case.

Retained by Cravath, Swaine & Moore

A new entrant in the Orlando health insurance marketplace alleged that the defendants attempted to monopolize the sale of individual plans through its use of exclusive agents. Defense counsel for Blue Cross and Blue Shield of Florida Inc. retained Cornerstone Research to support expert testimony by Laurence Baker of Stanford University.

Professor Baker testified that Florida Blue’s exclusive agents were only a small fraction of the available pool of agents and brokers and that numerous other insurers had entered and succeeded in Florida.

In denying the plaintiff’s motion for preliminary injunction, the judge concluded that Oscar “failed to carry its burden of proving irreparable harm and a substantial likelihood of success of the merits.” The judge later dismissed the case on the grounds that Florida Blue’s exclusive contracts were covered under the McCarran-Ferguson Act.