DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081442P.pdf 01/07/2009 AR Blue Cross Blue Shield v. Little Rock Cardiology Clinic
U.S. Court of Appeals Case No: 08-1442
and No: 08-1443
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Gruender, Author, with Wollman and Smith, Circuit Judges]
Civil case. For the history of the parties' prior litigation involving
the question of whether ERISA preempts provisions of the Arkansas Patient
Protection Act, see Prudential Ins. Co. of Am. v. Nat'l Park Med. Ctr.,
Inc. 154 F.3d 812 (8th Cir. 1998) and Prudential Ins. Co. of Am. v. Nat'l
Park Med. Ctr., Inc., 413 F.3d 897 (8th Cir. 2005). Because the district
court could not effectuate, protect or enforce the dissolved provisions
of the injunction it had previously entered, Blue Cross and USAble failed
to establish ancillary jurisdiction, and the district court did not err
in dismissing the case for lack of jurisdiction; All Writs Act is neither
a source of nor substitute for federal jurisdiction and could not provide
an independent source of subject matter jurisdiction.