United States Third Circuit

Where it had yet to be shown whether the plaintiff could establish its claims with limited individual participation, so as to satisfy the requirements for associational standing, the district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) was premature.

Appellate Information

• Argued 10/31/2000
• Decided 02/06/2002
• Published 02/06/2002

Judges

• Before SCIRICA, NYGAARD and BARRY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Philip H. Lebowitz (Argued), Pepper Hamilton, Philadelphia, PA, Attorney for Appellant., Jack R. Bierig, Sidley Austin Brown & Wood, Chicago, IL, Attorney for Amici Curiae Appellant, The American Medical Association and Pennsylvania Medical Society.


• For Appellees:
  
• John R. Leathers (Argued), Buchanan Ingersoll, Pittsburgh, PA, Attorney for Appellees, Green Spring Health Services, Inc. and Magellan Health Services, Inc., Gerri L. Sperling, Springer Bush & Perry, Pittsburgh, PA, Attorney for Appellees Highmark, Inc. and Keystone Health Plan West, Inc., Carleton O. Strouss, Kirkpatrick & Lockhart, Harrisburg, PA, Attorney for Appellee, Keystone Health Plan Central, Inc., Thomas S. Biemer, John J. Higson, Dilworth Paxson, Philadelphia, PA, Attorneys for Appellee, Keystone Health Plan East, Inc.