TMJ IMPLANTS, INC. v. AETNA, INC.

Nos. 06-1020, 06-1146.

498 F.3d 1175 (2007)

TMJ IMPLANTS, INC., a Colorado corporation, Plaintiff-Appellant, v. AETNA, INC., a Pennsylvania corporation; CIGNA; Connecticut General Corporation, a Florida corporation; Connecticut General Life Insurance Company, a Connecticut corporation; CIGNA Dental Health, Inc., a Florida corporation; CIGNA Health Corporation, a Delaware corporation; Healthsource, Inc., a New Hampshire corporation; CIGNA Dental Health of Colorado, Inc., a Colorado corporation; CIGNA Healthcare of Colorado, Inc., a Colorado corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 21, 2007.


Attorney(s) appearing for the Case

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.

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.

Before HARTZ, SEYMOUR, and O'BRIEN, Circuit Judges.


HARTZ, Circuit Judge.

This appeal concerns a suit by plaintiff TMJ Implants, Inc. (TMJI) against defendants Aetna, Inc. and CIGNA1 for defamation and related torts. TMJI is a Colorado corporation that manufactures prosthetic total- and partial-temporomandibular-joint (TMJ) implants for use in patients suffering from TMJ disorders. Aetna and CIGNA provide health and dental insurance under various benefit plans. Both companies produce bulletins...

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