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PA ORTHOPAEDIC SOC. v. INDEPENDENCE

885 A.2d 542 (2005)

PENNSYLVANIA ORTHOPAEDIC SOCIETY On Behalf of Its Members and All Others Similarly Situated Individuals v. INDEPENDENCE BLUE CROSS, et al. Robert P. Good, M.D., On Behalf of Himself and All Others Similarly Situated v. Independence Blue Cross, QCC Insurance Company, Keystone Health Plan East, Inc., AmeriHealth HMO, Inc. and AmeriHealth Inc. John R. Gregg, M.D. and Vincent J. DiStefano, M.D., on Behalf of Themselves and All Others Similarly Situated v. Independence Blue Cross, QCC Insurance Company, Keystone Health Plan East, Inc., AmeriHealth HMO, Inc. and AmeriHealth, Inc. Appeal of: Objectors, Class Members and/or Enjoined Persons or Entities, the Medical Society of the State of New York, the South Carolina Medical Association, the Tennessee Medical Association, the Medical Society of New Jersey, Joseph Fallon, M.D., Terrence R. Malloy, M.D. and Bruce Zakheim, M.D. Appeal of: American Medical Association. Appeal of: Objectors, Martin D. Trichtinger, M.D., William W. Lander, M.D., Nancy S. Roberts, M.D., Beverly K. Dolberg, M.D. and the Pennsylvania Medical Society. Appeal of: Objector and Class Member Louis P. Bucky, M.D. Appeal of: Objector Class Member Rosalind Kaplan, M.D.

Superior Court of Pennsylvania.

Filed October 12, 2005.

Attorney(s) appearing for the Case

Joe R. Whatley, Jr., Birmingham, AL, for Class Members and/or Enjoined Persons, appellant.

David H. Weinstein, Philadelphia, for Kaplan, appellee.

Edward F. Mannino, Philadelphia, for Independence Blue, appellee.

Peter J. Hoffman, Philadelphia, for Pennsylvania Medical Society, appellee.

Philip H. Lebowitz, Philadelphia, for American Medical Association, appellee.

David S. Senoff, Jerome M. Marcus and Jonathan Auerbach, Philadelphia, for Pennsylvania Orthopaedic Society, appellee.

BEFORE: DEL SOLE, P.J., BENDER and PANELLA, JJ.

OPINION BY DEL SOLE, P.J.:

¶ 1 Presented for our review are five consolidated appeals from a trial court order entered in a class action case. The order at issue made certain rulings regarding objections to a proposed class action settlement, membership in the class and the invalidity of prior timely "opt-outs." In addition the order granted a limited injunction enjoining certain communication to class members. Upon review we find appealable only that portion...

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