BlueCross BlueShield of Tennessee Inc. on Monday slammed another insurer’s attempt to prevent the disqualification of its counsel at Carlton Fields Jorden Burt PA in a dispute over multidistrict antitrust litigation liability, saying the insurer’s supplemental brief was improperly filed and is “filled with hyperboles.”
According to BlueCross, Allied World Specialty Insurance Co.’s supplemental brief — which responded to a declaration supporting BlueCross’ motion to disqualify Carlton Fields over alleged conflicts of interest — was merely a ruse to skirt the rules of procedure that ban filing additional briefs without the court’s approval.
“Allied World’s ‘supplemental’ brief is filled with hyperboles such as ‘astonishingly’ and ‘remarkably.’ However, the only thing astonishing or remarkable is Carlton Fields’ flagrant disregard of Local Rule 7.1(d), which provides that ‘No additional briefs, affidavits or other papers in support of or in opposition to a motion shall be filed without prior approval of the court…’,” BlueCross said.
BlueCross of Tennessee’s argument for removal of Carlton Fields rests on the firm’s joint defense of several Blue Cross entities in a prior class suit, Love v. Blue Cross Blue Shield Association, alleging Blue Cross conspired to unjustly enrich itself. That case was settled in 2008 and BlueCross of Tennessee was released from all claims related to the action, according to Allied World.
BlueCross of Tennessee is represented by Donald J. Aho and Kyle W Eiselstein of Miller & Martin PLLC and Joann M. Lytle and Jennifer Black Strutt of McCarter & English LLP.