Jeffrey Behm and Debra Bouffard Obtain Affirmance of District Court’s Grant of Summary Judgment in the United States Court of Appeals for the Second Circuit in Blue Cross and Blue Shield of Vermont v. Milnes

Attorneys Jeffrey Behm and Debra Bouffard have successfully defended a grant of summary judgment obtained on behalf of their client, Blue Cross and Blue Shield of Vermont (“BCBSVT”) in the Second Circuit Court of Appeals.

Earlier in the case, the trial court dismissed a breach of contract claim brought by BCBSVT’s former Chief Executive Officer on grounds of legal impracticability. On appeal, the Second Circuit upheld the trial court’s ruling on the alternative ground that the contract was unenforceable on grounds that it contravened public policy.  Mr. Behm and Ms. Bouffard had argued both grounds in both the United States District Court and in the Court of Appeals.

Jeffrey Behm argued the case before the Court of Appeals.

Earlier: Jeffrey Behm And Debra Bouffard Defend Summary Judgment Order In An Appellee Brief Submitted To The United States Court Of Appeals For The Second Circuit In Blue Cross And Blue Shield Of Vermont v. Milnes (Dkt. No. 13-1748).