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AMERICAN DENTAL ASS'N v. CIGNA CORP.

No. 09-12033.

605 F.3d 1283 (2010)

AMERICAN DENTAL ASSOCIATION, in an associational capacity on behalf of its members, John Milgram, DDS, Scott A. Trapp, DDS, individually and on behalf of all other similarly situated, Byron C. Desbordes, Plaintiffs-Appellants, v. CIGNA CORPORATION, Connecticut General Life Insurance Company, Cigna Dental Health, Inc., Metlife, Inc., Metropolitan Life Insurance Company, Mutual of Omaha Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 14, 2010.

Attorney(s) appearing for the Case

Robert J. Axelrod, Pomerantz, Haudek, Block, Grossman & Gross, LLP, New York City, G. Robert Blakey, Notre Dame Law Sch., Notre Dame, IN, for Plaintiffs-Appellants.

Jamie Zysk Isani, Thomas R. Julin, Hunton & Williams, Joshua Douglas Poyer, Craig P. Kalil, Aballi, Milne, Kalil & Escagedo, P.A., Miami, FL, James L. Griffith, Akin, Gump, Strauss, Hauer & Feld, LLP, Philadelphia, PA, for Defendants-Appellees.

Before DUBINA, Chief Judge, FAY, Circuit Judge, and ALBRITTON, District Judge.

DUBINA, Chief Judge:

The question presented in this appeal is whether, under Fed.R.Civ.P. 9(b) and the pleading standard recently articulated by the Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) and Ashcroft v. Iqbal, ___ U.S. ___, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), Plaintiffs/Appellants ("Plaintiffs") have sufficiently pled...

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