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The Maine Education Association Benefits Trust v. Eric Cioppa, In His Official Capacity As Superintendent of Insurance

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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

In October 2011, the State of Maine enacted L.D. 1326, “An Act To Allow School Administrative Units To Seek Less Expensive Health Insurance Alternatives,” pursuant to which health insurers must disclose, upon written request from a public school district, aggregate loss information pertaining to any group policies held by the district’s employees.*fn1 L.D. 1326, 125th Leg., 1st Reg. Sess. (Me. 2011). Shortly thereafter, plaintiff-appellant Maine Education Association Benefits Trust (the “Trust”) — which manages a statewide health insurance plan for a substantial segment of Maine’s public school work force — filed suit in the district court, seeking to permanently enjoin the law prior to its enforcement. The Trust alleged, inter alia, that because its loss information constitutes a confidential trade secret, the Act’s disclosure requirement results in an uncompensated taking proscribed by the Fifth Amendment. The district court denied the Trust’s motion for a preliminary injunction, and the Trust now challenges that denial in this timely appeal. After careful consideration, we affirm.

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