Scripps Health v. Blue Cross & Blue Shield of Kansas, Inc.

MEMORANDUM

Blue Cross and Blue Shield of Kansas (“BCBS Kansas”) appeals the district court’s final judgment in favor of Scripps Health (“Scripps”), confirming the arbitration award at issue. BCBS Kansas also appeals an interlocutory order relating to that judgment — the denial of its motion to dismiss. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

This case arises out of a dispute over payment for hospital services provided to a BCBS Kansas member at a Scripps hospital in California. In its complaint, Scripps set forth two claims against BCBS Kansas: one for breach of contract and the other for breach of implied contract. In the district court, BCBS Kansas moved to dismiss both claims. In the event the motion to dismiss was denied as to the breach of contract claim, BCBS Kansas moved to compel arbitration of that claim and to stay the remaining claims. The district court denied BCBS Kansas’s motion to dismiss, holding that Scripps stated a valid breach of contract claim against BCBS Kansas where Scripps alleged that BCBS…