FORD v. NYLCARE HEALTH PLANS OF GULF COAST, INC.

Nos. 01-20610, 01-21255.

301 F.3d 329 (2002)

Kenneth FORD, Dr., Plaintiff-Appellant, v. NYLCARE HEALTH PLANS OF THE GULF COAST, INC., et al., Defendants, Aetna U.S. Healthcare, Inc., a Texas Corporation; the MetraHealth Care Plan of Texas, Inc.; the MetraHealth Insurance Company; United HealthCare Insurance Company, Inc.; Aetna U.S. Healthcare, Inc., a Pennsylvania Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 1, 2002.


Attorney(s) appearing for the Case

Kenneth R. Wynne (argued), Mark E. Maney, Wynne & Maney, Houston, TX, for Plaintiff-Appellant.

P. Michael Jung (argued), Strasburger & Price, Dallas, TX, Paula Denney, Strasburger & Price, Houston, TX, for MetraHealth Care Plan of Texas Inc., MetraHealth Ins. Co., United HealthCare Ins. Co., Inc., Travelers Ins. Co. and Metropolitan Life Ins. Co.

John Bruce Shely (argued), Kendall Matthew Gray, Andrews & Kurth Mayor, Day, Caldwell & Keeton, Houston, TX, for Aetna U.S. HealthCare Inc.

Before SMITH, BENAVIDES and PARKER, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

I.

Kenneth Ford is an orthopedic surgeon who has contracted with various health maintenance organizations ("HMO's") as a specialist. In May 1996, he sued the defendant HMO's, claiming multiple causes of action stemming from their allegedly deceptive advertising. All of Ford's claims were dismissed over a period of several years.

Ford now appeals two of the district court's rulings: its 1999 decision to deny class certification...

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