Why would they choose not to in this case? Something has got to be different.
This is all I could find.
Quote:
New York (May 21, 2010) -- A federal judge has endorsed vision insurer Vision Service Plan's argument that it does not have to do business with a courtroom adversary, denying eyeglass maker Aspex Eyewear Inc.'s bid for an injunction to keep it “in-network” while the two engage in patent and antitrust litigation.
Aspex has not shown it is likely to succeed in its antitrust case against VSP, Judge John A. Mendez of the U.S. District Court for the Eastern District of California...
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Perhaps its because they are no longer an "in-network" provider.
Thats what must have happened.
ETA -
just found it - thats what happened.