Judge strikes ‘octopus’ response in lawsuit against Ballad Health

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GREENEVILLE, Tenn. (WJHL) – A judge has thrown out a response filed by the plaintiffs in a lawsuit against Ballad Health that compared the health system to an octopus.

Earlier this month, Ballad filed a motion to dismiss the lawsuit filed against it and the ETSU Physicians Group, which claims there is a conflict of interest and possible violation of anti-trust law because certain members of the Ballad board also sit on the ETSU Board of Trustees.

Last Friday, attorneys for the plaintiffs filed an opposition to the motion to dismiss. Those court documents compared Ballad Health to an octopus that “rains havoc” and “perpetrates gloom and doom.”

Now, the federal judge overseeing the case has struck the plaintiffs’ 33-page response because it did not comply with court rules, which limits such briefs to 25 pages, and because it was written in a font size smaller than required.

The plaintiffs have until July 12 file a response that complies with the rules.

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