Jahnke v. Blue Cross & Blue Shield of Kansas, Inc.

Gardner, J.:

Rarely do we permit a party to raise a new issue on appeal, but we must do so here. At oral argument, counsel for Blue Cross and Blue Shield of Kansas, Inc. (BCBS) alleged, for the first time in this case, that this court lacks subject matter jurisdiction because tire only statute which BCBS allegedly violated does not provide a private right of action. Because we agree that both tire district court and this court lack subject matter jurisdic*679tion, we vacate the judgment entered by the district court and dismiss this appeal.

Procedural summary

Samuel Jahnke (Jahnke) brought suit…