United States Tenth Circuit
TMJ Implants, Inc. v. Aetna, Inc., 06-1020, 06-1146
In a suit brought against insurers by a manufacturer of certain prosthetic implants for defamation and related torts, dismissal of the complaint for failure to state a claim is affirmed as: 1) challenged statements in defendants' coverage bulletins explaining what treatments and procedures they cover, were not defamatory; 2) a product-disparagement claim failed as it relied entirely on expressions that could not support a defamation claim; and 3) interference torts claims failed as defendants' lawful speech cannot form the basis for such claims.
Appellate Information
- Decided 08/21/2007
- Published 08/22/2007
Judges
- HARTZ, Circuit Judge., Before HARTZ, SEYMOUR, and O'BRIEN, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Joseph J. Mellon, Shughart Thomson & Kilroy, P.C., (Paul S. Swedlund, Shughart Thomson & Kilroy, P.C., and Walter L. Gerash, Andrew B. Reid, Gerash Law Firm, Denver, CO, with him on the brief), for Plaintiff-Appellant.
- For Appellees:
- John B. Shely, Andrews, Kurth LLP, Houston, TX, (John M. Palmeri, Franz Hardy, White & Steele, Denver, CO, and James C. Crumlish, III, Elliott Greenleaf & Sieszikowski, PC, Blue Bell, PA, with him on the brief), for Defendant-Appellee Aetna Inc., Daniel R. Satriana, Jr. (Matthew Y. Biscan with him on the brief), Clisham, Satriana & Biscan, L.L.C., Denver, CO, for Cigna Defendants-Appellees.