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Thomas v. Blue Cross & Blue Shield Ass'n, No. 08-15881

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By FindLaw Staff on January 22, 2010 1:19 PM

In a physician's action against a health insurer for tortious interference with contract, plaintiff's appeal from a denial of his motion to proceed with the action despite a class action settlement agreement releasing certain claims against defendant is dismissed for lack of jurisdiction, where the order was nonfinal because: 1) the summary denial of plaintiff's motion did not expressly rule that plaintiff's claims were released; and 2) even if the order implicitly advised plaintiff that his claims were released and that he was enjoined from prosecuting them, the order did not dispose of the matter because it did not hold plaintiff in contempt or impose any sanction for violating the injunction.

Read Thomas v. Blue Cross & Blue Shield Ass'n, No. 08-15881

Appellate Information

Filed January 21, 2010


Opinion by Judge Pryor

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