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WIRTH v. AETNA U.S. HEALTHCARE

904 A.2d 858 (2006)

Jonathan WIRTH Individually and on Behalf of all others Similarly Situated, Appellant v. AETNA U.S. HEALTHCARE, Appellee.

Supreme Court of Pennsylvania.

Decided August 22, 2006.

Attorney(s) appearing for the Case

Scott B. Cooper, Harrisburg, Ronald Jay Smolow, for Jonathan Wirth.

Philip A. Ryan, Philadelphia, for Pennsylvania Defense Institute.

Matthew Stephen Crosby, Harrisburg, for PA Trial Lawyers Association.

Marica Mary Waldron, for U.S. Court of Appeals for the Third Circuit.

Raymond Adam Quaglia, Philadelphia, for Aetna U.S. Healthcare.

Michael Patrick Zipfel, Carl D. Buchholz, III, Philadelphia, for HealthAmerica Pennsylvania, Inc., et al.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice NEWMAN.

The United States Court of Appeals for the Third Circuit ("the Third Circuit") petitioned this Court for certification of a question of Pennsylvania law.1 Writing for the Third Circuit, Judge Marjorie O. Rendell sought certification of the following question: whether a health maintenance organization (HMO) is exempt, by virtue of the Pennsylvania Health Maintenance Organization Act (HMO Act), 40...

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