Southeastern Emergency Physicians LLC v. Arkansas Health & Wellness Health Plan Inc
Southeastern Emergency Physicians LLC v. Arkansas Health & Wellness Health Plan Inc
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION SOUTHEASTERN EMERGENCY PLAINTIFF PHYSICIANS, LLC v. CASE NO. 4:17-CV-00492 BSM CELTIC INSURANCE COMPANY d/b/a ARKANSAS HEALTH & WELLNESS INSURANCE COMPANY, et al. DEFENDANTS ORDER Defendants’ motion to dismiss Celtic Insurance Company and Centene Corporation [Doc. No. 258] is held in abeyance. Plaintiff’s motion for order directing defense counsel to withdraw statements [Doc. No. 260] is denied. Defendants’ motion for a mistrial [Doc. No. 265] is denied for the reasons stated from the bench.
Defendants’ motion for judgment as a matter of law [Doc. No. 273] is taken under advisement for the reasons stated from the bench, except that judgment as a matter of law is granted on the corporate veil-piercing issue. Delaware law applies because NovaSys Health, Inc. is a Delaware corporation. See Container Life Cycle Mgmt. LLC v. Safety Mgmt. Servs.
Co., No. 6:20-CV-6001 ,
2020 WL 2843224at *4 (W.D. Ark. June 1, 2020) (Arkansas Supreme Court likely to “apply the law of the state of incorporation” to veil-piercing claims). Plaintiff offered no evidence that any defendant is “a sham entity designed to defraud investors or creditors.” Doberstein v. GP Indus., Inc., CV 9995-VCP,
2015 WL 6606484, at *4 (Del. Ch. Oct. 30, 2015). Accordingly, any veil piercing claims are dismissed. After giving careful consideration to the arguments, defendants’ motion for order to admit three categories of relevant evidence [Doc. No. 281] is denied. IT IS SO ORDERED this 14th day of August, 2020. Bron 2 rn IM UNITED STATES DISTRICT JUDGE
Reference
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