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Justia Weekly Opinion Summaries

Antitrust & Trade Regulation
December 25, 2020

Table of Contents

DiCesare v. Charlotte-Mecklenburg Hosp. Auth

Antitrust & Trade Regulation, Constitutional Law, Health Law

North Carolina Supreme Court

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

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Antitrust & Trade Regulation Opinions

DiCesare v. Charlotte-Mecklenburg Hosp. Auth

Court: North Carolina Supreme Court

Docket: 156A17-2

Opinion Date: December 18, 2020

Judge: Ervin

Areas of Law: Antitrust & Trade Regulation, Constitutional Law, Health Law

In this dispute in which Plaintiffs sought reimbursement for healthcare costs based upon claims for restraint of trade and monopolization pursuant to N.C. Gen. Stat. Chapter 75 and N.C. Const. art. I, 34, the Supreme Court affirmed in part and reversed in part the order of the trial court deciding issues arising from the Charlotte-Mecklenburg Hospital Authority's motion for judgment on the pleadings, holding that the trial court erred in part. Plaintiffs were a group of current and former North Carolina residents who were covered under the commercial health insurance obtained through the Hospital Authority, a non-profit corporation providing healthcare services with a principal place of business in Charlotte. The trial court granted the Hospital Authority's motion for judgment on the pleadings with respect to Plaintiffs' restraint of trade and monopolization claims but denied the motion with respect to Plaintiffs' monopolization claim. The Supreme Court affirmed in part and reversed in part, holding that the trial court (1) did not err in granting judgment on the pleadings with respect to Plaintiffs' Chapter 75 restraint of trade and monopolization claims; but (2) erred by denying the motion for judgment on the pleadings with respect to Plaintiffs' claim pursuant to article I, section 34.

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