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DANE v. UNITEDHEALTHCARE INS. CO.

Docket No. 19-2330-cv August Term, 2019.

974 F.3d 183 (2020)

Mark DANE, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. UNITEDHEALTHCARE INSURANCE COMPANY, UnitedHealth Group, Inc., AARP, Inc., AARP Services, Inc., AARP Insurance Plan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 10, 2020.

Attorney(s) appearing for the Case

Andrew S. Love ( Susan K. Alexander , Stuart A. Davidson , Christopher C. Gold , and Dorothy P. Antullis , on the brief), Robbins Geller Rudman & Dowd LLP, San Francisco, California and Boca Raton, Florida, and Sean K. Collins , Law Offices of Sean K. Collins, Boston, Massachusetts, for Plaintiff-Appellant.

Meaghan Vergow ( Brian D. Boyle , Samantha M. Goldstein , and Jennifer B. Sokoler , on the brief), O'Melveny & Myers LLP, Washington, D.C. and New York, New York, for Defendants-Appellees United HealthCare Insurance Company and UnitedHealth Group, Inc.

Jeffrey S. Russell , Noah M. Weissman , and Alec Winfield Farr , Bryan Cave Leighton Paisner LLP, St. Louis, Missouri, New York, New York and Washington, D.C., and James T. Shearin , Pullman & Comley, LLC, Bridgeport, Connecticut, for Defendants-Appellees AARP, Inc., AARP Services, Inc., and AARP Insurance Plan.

Before: Jacobs, Calabresi, And Chin, Circuit Judges.

In 1997, UnitedHealthcare Insurance Company ("UnitedHealthcare") entered into an agreement with AARP Insurance Plan (the "Plan") to license the intellectual property of AARP, Inc. ("AARP") for use with its Medicare supplement insurance program (the "1997 agreement"). Under the terms of the 1997 agreement, the Plan was permitted...

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