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Elliott Greenleaf WINS FEDERAL APPEAL AFFIRMING DISMISSAL OF COMMERCIAL DEFAMATION CLAIMS IN HEALTH CARE MANAGEMENT
In a landmark ruling confirming the significant public significance and protections provided to policy bulletins issued by health insurers, the United States Court of Appeals for the 10th Circuit found Elliott Greenleaf's arguments to be persuasive, and affirmed the district court's dismissal of commercial defamation claims against health insurers who publish coverage policy bulletins. TMJ Implants v. Aetna, Inc. et al., (10th Cir. 2007).
As argued by Elliott Greenleaf, the health insurer's policy bulletins are based upon published medical literature and governmental review. In this case, a manufacturer of implantable medical devices sought damages against several health insurers based on its allegation that the policy bulletins were defamatory. In both the dismissal in the trial court and in the victory in the Court of Appeals, Elliott Greenleaf and co-counsel persuaded the courts, based on regulations involving the review, clearance and approval of medical devices subject to review by the Federal Drug Administration, that the policy bulletins were of such public significance as to warrant the full protections of the First Amendment.This significant victory allows the managed care industry to continue to rely upon these clearly articulated policy bulletins.
Elliott Greenleaf senior shareholder James C. Crumlish, III served as national co-counsel in representing the successful health care insurer in this matter before the District Court and United States Court of Appeals. |
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Philadelphia/Blue Bell
Elliott Greenleaf
& Siedzikowski, P.C.
925 Harvest Drive
P.O. Box 3010
Blue Bell, PA 19422
Phone: (215) 977-1000
Fax: (215) 977-1099
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Philadelphia
Elliott Greenleaf
1818 Market Street
Suite 3750
Philadelphia, PA 19103
Phone: (215) 977-1000
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Harrisburg
Elliott Greenleaf & Balaban
Governors' Row
27 North Front Street
Harrisburg, PA 17101
Phone: (717) 234-3282
Fax: (717) 233-4264
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Scranton
Elliott Greenleaf & Dean
PNC Bank Adm. Building
201 Penn Avenue, Suite 202
Scranton , PA 18503
Phone: (570) 346-7569
Fax: (570) 969-2890
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Wilmington
Elliott Greenleaf
1105 Market Street, Suite 1700
Wilmington, DE 19801
Phone: (302) 384-9400
Fax: (302) 384-9399
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Wilkes-Barre
Elliott Greenleaf & Dean
39 Public Square, Suite 1000
Wilkes-Barre, PA 18702
Phone: (570) 371-5290
Fax: (570) 371-5550
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