Legal Opinion
Excellus Health Plan, Inc. v. Tran
District Court, W.D. New York
Decided August 29, 2003No. 1:03-cr-00095PublishedCited by 16 opinions
1Opinion of the Court
DECISION AND ORDER
CURTIN, District Judge.
Plaintiff Excellus Health Plan, Inc. (“Excellus”) moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the counterclaims asserted against it by several defendants (Item 36). Oral argument of the motion was heard by the court on August 11, 2003. For the following reasons, plaintiffs motion to dismiss the counterclaims is granted in part and denied in part.
BACKGROUND
Excellus operates two principal lines of business in Western New York: a health maintenance organization (“HMO”) known as “Univera Healthcare,” and six medical…
2Cases cited39 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.New York Court of Appeals · 1980
- Stutman v. Chemical BankNew York Court of Appeals · 2000
- Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
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3Cited by16 opinions
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- In Re Packaged Ice Antitrust LitigationDistrict Court, E.D. Michigan · 2011
- Dupler v. Costco Wholesale Corp.District Court, E.D. New York · 2008
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