Advanced Benefit Concepts, Inc. v. Blue Cross And Blue Shield Of Alabama, Access Health, Inc. & Preferred Care Services, Inc.

Supreme Court of Louisiana
December 19, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ADVANCED BENEFIT CONCEPTS, INC.
VS.
BLUE CROSS AND BLUE SHIELD OF
ALABAMA, ACCESS HEALTH, INC. &
PREFERRED CARE SERVICES, INC.
No. 2023-CC-01291
_ _
_ _ _ _
IN
RE: Blue Cross and Blue Shield of Alabama, et al. - Applicant Defendant; Access
Health, Inc. - Applicant Defendant; Preferred Care Services, Inc. - Applicant
Defendant; Applying For Writ Of Certiorari, Parish of East Baton Rouge, 19th
Judicial District Court Number(s) 709719, Court of Appeal, First Circuit, Number(s)
2022 CA 1193; 2022 CW 1270;
_ _ _ _ _ _
December 19, 2023
Writ application granted - see briefing notice and Order.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
12/19/2023 "See News Release 055 for any Concurrences and/or Dissents."

fiayrcme 6.sail
STATE OF LOUISIANA
l{e tu (Drleung
CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WlLLIAM J CRAIN
SCOTT J CNICHTON
JAMES T, GENOVESE
JAY B. I\4CCALLUM
JEFFERSON D, HUGHES III
PIPEN D. GRIFFIN
First Oislricr
Second District
Third Distri.t
Fourrh Disrricr
Fifth Oistricr
S6v6nth Oistrict
Sixlh Districr VERONICA O, KOCLANES
CLERK OF COURT
400 Roysl St., Suit€ 4200
NEW ORLEANS, LA 70I3O-8I02
TELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
December 19.2023
ADVANCED BENEFIT CONCEPTS. INC. VS. BLUE
CROSS AND BLUE SHIELD OF ALABAMA. ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED December 19,2023
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this
Court's next available docket. A copy of the official docket with the specific date and time
of oral argument will be mailed out.
Oral argument will be waived if brief is untimely filed. Briefs submifted on legal sized paper
should be fastened at the top. All briefs should be backed with the customary "Blueback" or
other flexible material. In criminal proceedings, the court directs that counsel must file a
brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent th-rough the mail shall be deemed
timely filed if mailed on or before the due date. If the brief is received by mail on the first
legal day following the expiration of the delay, there shall be a rebuttable presumption that it
was timely filed. In all cases where the presumption does not apply, the timeliness of the
mailing shall be shown only by an official United States postmark or by official receipt or
cerlificate from the United States Postal Service, or bona fide commercial mail services such
as Federal Express or United Parcel Service, made at the time of mailing which indicates the
date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label
from an Automated Postal Center, shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if
received by the clerk on or before the last day ofthe delay for filing.
Re
)an Chan
Depuq,Clerk
2023-CC-0t29t
Please note Section 8 of Rule VII of the Rules of this Court provides that the arrrllicant
or relator. as the case may be. must file their briefs on or before January 16,2024r and
the resnondent on or before Februarv 2, 2024.
12/19/23

RC: RC
ccs: All Counsel
Hon. Trudy M. White
Hon. J. Douglas "Doug" Welborn
Hon. Rodd Naquin, Clerk
l9th Judicial District Court: 709719
Coun of Appeal, First Circuit: 2022 CA ll93:2022CW 1270

SUPREME COURT OF LOUISIANA
No. 2023-CC-01291
ADVANCED BENEFIT CONCEPTS, INC.
VERSUS
BLUE CROSS AND BLUE SHIELD OF ALABAMA, ACCESS HEALTH,
INC. & PREFERRED CARE SERVICES,INC.
On Writ of Certiorari and,/or Review
Nineteenth Judicial District Court, Parish of East Baton Rouge, No. 709719,
Court of Appeal, First Circuit, Nos. 2022 CA I 193; 2022 CW 1270.
Constitution of Louisiana, made and issued the following order, to wit- "lt is
ordered that the writ of revicw issue; that the District Court and the Court of
Appeal send up the record in Duplicate of the case; and that counsel for all parties
be notified."
Now, therefore, the said District Court and the Court of Appeal is hereby
commanded, in the namc of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supremc Court Rule 1, at the
City of New Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of the
Supreme Court of the State of Louisiana, on
this 19th day of December, in the year of our
Lord, Two Thousand Twenty-Three.
Veronica O. Koclanes
Clerk of Court
Deputy Clcrk of Court
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the