Emergency Medical Care Facilities, P.C. v. Bluecross Blueshield of Tennessee, Inc., et al.- Dissent

I respectfully dissent from the majority’s decision in this case. I disagree with the majority’s assertion that “the argument that diagnosis codes cannot be the standard upon which an emergency is determined for purposes of payment does not somehow make common issues predominate regarding the claims for which a $50.00 cap provision is operative.” I would reverse the trial court as I believe that common issue predominates over all individual issues in this case.