In re Blue Cross Blue Shield Antitrust Litigation

*1316MEMORANDUM OPINION

R. DAVID PROCTOR, UNITED STATES DISTRICT JUDGE

• This matter is before the court on the following cross motions for partial summary judgment: (1) Defendants’ Amended and Restated Motion Based on the Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers’ Damages Claims (Doc. # 733); and (2) Alabama Subscriber Plaintiffs’‘ Cross-Motion for Partial Summary Judgment on the Filed-Rate Doctrine (Doc. # 770). The motions have been fully briefed. (Docs. # 734, 805, 835, 838, 839, 903, and 904).

I. Introduction

The Filed Rate Doctrine1 is judicially created and finds its…