BORRERO v. UNITED HEALTHCARE OF NEW YORK, INC.

Nos. 08-15264, 08-15265, 08-15267, 08-15271, 08-15273, 08-15274 and 08-15275.

610 F.3d 1296 (2010)

M.D. Edgar BORRERO, on behalf of himself and all others similarly situated, M.D. Malcolm Gottesman, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. UNITED HEALTHCARE OF NEW YORK, INC., United Healthgroup, Inc., Defendants-Appellees. M.D. Karen Laugel, Plaintiff-Appellant, v. United Healthcare Insurance Company, United Healthgroup, Inc., Defendants-Appellees. Tennessee Medical Association, Plaintiff-Appellant, v. United Healthgroup, Inc., United Healthcare of Tennessee, Inc., Defendants-Appellees. Medical Society of the State of New York, Plaintiff-Appellant, v. United Healthcare of New York, Inc., United Healthgroup, Inc., Defendants-Appellees. North Carolina Medical Society, Plaintiff-Appellant, v. United Healthgroup Incorporated, United Healthcare of North Carolina, Mamsi Life and Health Insurance Company, Defendants-Appellees. M.D. Zachery Rosenberg, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. United Healthgroup, Inc., United Healthcare of Tennessee, Inc., Defendants-Appellees. Connecticut State Medical Society, Plaintiff-Appellant, v. United Healthcare Insurance Company, United Healthgroup, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 6, 2010.


Attorney(s) appearing for the Case

Ilze Caroline Thielmann, Edith M. Kallas, Joe R. Whatley, Jr., Whatley Drake & Kallas, LLC, Joseph P. Guglielmo, Scott & Scott, LLP, New York City, for Plaintiffs-Appellants.

Christopher R.J. Pace, Edward Soto, Weil, Gotshal & Manges, Miami, FL, for Defendants-Appellees.

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


DUBINA, Chief Judge:

In this consolidated appeal, three physicians and four representative organizations ("Appellants") appeal the district court order dismissing their complaints against United HealthCare and its related entities ("United"). The district court held that the Appellants' contract-based claims were precluded by the judgment in a class action suit based on the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 (2006...

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