June 24 (Reuters) - The U.S. Supreme Court on Monday
declined to hear a challenge to a $2.7 billion nationwide class
action settlement with Blue Cross Blue Shield over allegations
that the insurance giant overcharged commercial and individual
subscribers for years.
The justices without comment denied a petition from home
improvement retailer Home Depot ( HD ) objecting to the landmark
antitrust settlement. The court also declined to hear a related
challenge to a $667 million fee award for the class attorneys
who negotiated the deal.
The fee amount, which a lower court judge approved, would be
among the largest-ever class action attorney awards.
Health insurance subscribers in the decade-long case accused
Blue Cross Blue Shield Association and others of unlawfully
agreeing not to compete with one another, leading to higher
insurance costs. Blue Cross denied any wrongdoing in agreeing to
settle the case in 2020.
Home Depot ( HD ) did not immediately respond to a request for
comment. Blue Cross in a statement on Monday said it welcomed
the justices' rulings "and the opportunity to begin to implement
this settlement."
Boies, Schiller & Flexner chairman David Boies, one of
the lead class attorneys, in a statement on Monday called the
Supreme Court's orders "a great result for consumers and the
entire health insurance system."
Boies said "consumers will now receive the billions of
dollars of refunds they are due and injunctive relief that will
bring increased competition throughout the United States."
Attorneys from law firms Hausfeld and Cooper & Kirk also
represent the subscriber class.
Both Supreme Court petitions challenged an order last year
by the Atlanta-based 11th U.S. Circuit Court of Appeals that
upheld the settlement.
Home Depot ( HD ) objected to the accord on the grounds that it
would restrict future antitrust claims against Blue Cross. The
fee objection claimed the amount should be no more than $194
million, based on multiplying the number of hours the lawyers
said they worked by a prevailing hourly rate.
Attorneys for a class of 100 million Blue Cross subscribers
had urged the justices to turn down both challenges. They argued
there was nothing improper about a settlement barring future
claims "arising out of the same nucleus of operative fact."
They also told the justices the appeals court did not
"rubber-stamp" the fee award, and that their "colossal
litigation effort" justified the amount.
The cases are Home Depot ( HD ) v. Blue Cross Blue Shield
Association, U.S. Supreme Court, No. 23-1063, and David G.
Behenna v. Blue Cross Blue Shield Association, same court, No.
23-1163.