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BEARDEN v. BALLAD HEALTH

No. 20-5047.

967 F.3d 513 (2020)

Christine BEARDEN; David Bearden; Terri Cook; Carolyn Gibbons; Elmer Darrell Greer; Ladonna F. Greer; Mark Hutchins; Kevin Mitchell; Jamie Strange Pierson; Crystal Gail Regan, Plaintiffs-Appellants, v. BALLAD HEALTH; Medical Education Assistance Corporation, dba East Tennessee Physicians and Associates, dba University Physicians Practice Group; Barbara Allen, Julie Bennett, David Lester, Alan Levine, David May, Gary Peacock, Doug Springer, and Keith Wilson, in their capacities as members of the Board of Ballad Health and/or Medical Education Assistance Corporation; David Golden and Scott M. Niswonger, in their capacities as members of the Board of Ballad Health and/or Medical Education Assistance Corporation and in their official capacities as members of the Board of Trustees of East Tennessee State University; Brian Noland, in his capacity as a member of the Board of Ballad Health and/or Medical Education Assistance Corporation, in his official capacity as a member of the Board of Trustees of East Tennessee State University and as President of East Tennessee State University and ex-officio member of the Board of Directors of Medical Education Assistance Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 23, 2020.

Attorney(s) appearing for the Case

ON BRIEF: Francis X. Santore, Jr. , SANTORE & SANTORE, Greeneville, Tennessee, for Appellants. Jimmie C. Miller , HUNTER, SMITH & DAVIS, LLP, Kingsport, Tennessee, Jeffrey W. Brennan , MCDERMOTT WILL & EMERY LLP, Washington, D.C., Michelle Lowery , MCDERMOTT WILL & EMERY LLP, Los Angeles, California, for Ballad Health Appellees. Lynda M. Hill , Joshua T. Lewis , FROST BROWN TODD LLC, Nashville, Tennessee, Matthew C. Blickensderfer , FROST BROWN TODD LLC, Cincinnati, Ohio, for Appellee Medical Education Assistance Corporation. Janet M. Kleinfelter , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees David Golden, Scott Niswonger, and Brian Noland.

Before: GIBBONS, GRIFFIN, and THAPAR, Circuit Judges.

OPINION

As our court has previously explained, there are good reasons not to disparage your opponent, especially in court filings. "The reasons include civility; the near-certainty that overstatement will only push the reader away ...; and that, even where the record supports an extreme modifier, the better practice...

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