Blue Cross & Blue Shield v. Baerwaldt

OPINION ON MOTIONS

MILES, Chief Judge.

Blue Cross and Blue Shield of Michigan (“BCBSM” or “plaintiff”) is a private, nonprofit health care corporation existing under Mich.Comp.Laws Ann. § 550.301 et seq. and Mich.Comp.Laws Ann. § 550.501 et seq., and which provides prepaid health care benefits to Michigan residents. Plaintiff brought this action under the Fourteenth Amendment to the United States *41Constitution and 42 U.S.C. § 1983, seeking to enjoin defendant, the Commissioner of Insurance for the State of Michigan (“Commissioner” or “defendant”), from interfering with plaintiffs marketing…