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Futility Doctrine Applied in Aid of Class Action Claims Against HMO Defendants
Health Plan Law 
[Guidance Overview] May 29, 2008
Excerpt: In this recent decision, the plaintiffs alleged that the defendant HMO's routinely overcharged for services. The defendants met these claims with a motion to dismiss for lack of subject matter jurisdiction and failure to exhaust administrative remedies. The plaintiffs prevailed on most issues in an decision that sheds light on Article III standing requirements and application of the futility doctrine.
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