Myrich v. WellPoint, Inc.

Dist. Ct. did not err in denying plaintiffs’ request to remand back to state court plaintiffs’ action alleging that defendants’ cancellation of health insurance policies and replacement of said policies with more costly insurance options violated Illinois law, where said action had been removed to federal court by defendants under Class Action Fairness Act, and where plaintiffs alleged that remand was appropriate under section 1332(d)(4) because two-thirds of potential class members, as well as at least one defendant were citizens of Illinois. Plaintiff had burden of proof to establish eligibility for remand under section 1332(d)(4), and plaintiffs failed in their burden, since they only presented evidence that potential class members were “residents” as opposed to “citizens” of Illinois. Moreover, Dist. Ct. did not err in granting defendants’ motion for summary judgment on merits of case, where: (1) plaintiffs conceded that insurance company was entitled to withdraw from Illinois market and cancel existing policies; and (2) plaintiffs could not establish or enforce any HIPAA violation associated with defendants’ actions.