Legal Opinion

First Health Group Corp. v. BCE Emergis Corp.

Court of Appeals for the Seventh Circuit

Decided October 16, 2001No. 00-3833PublishedCited by 45 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

What is a “preferred provider organization” (ppo)? Our litigants, two intermediaries between hospitals and insurers, disagree about the answer. Plaintiff, which we call First Health, believes that it is misleading, and actionable under § 43(a)(1)(B) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), to apply the label “ppo” or *801anything similar (such as “preferred provider network”) to any business structure other than one in which the insurer compels its clients to use the “preferred” suppliers of medical care. Defendant, which we call up & up, labels First Health’s…

2Cases cited14 opinions

  1. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  2. Valentine v. ChrestensenSupreme Court of the United States · 1942
  3. Martin v. Franklin Capital Corp.Court of Appeals for the Tenth Circuit · 2001
  4. Gordon & Breach Science Publishers S.A. v. American Institute of PhysicsDistrict Court, S.D. New York · 1994
  5. Jtc Petroleum Company v. Piasa Motor Fuels, Inc.Court of Appeals for the Seventh Circuit · 1999

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3Cited by45 opinions

  1. Fashion Boutique of Short Hills, Inc. v. Fendi Usa, Inc., and Fendi Stores, Inc.Court of Appeals for the Second Circuit · 2002
  2. Chessie Logistics Company, LLC v. Krinos Holdings, Inc.Court of Appeals for the Seventh Circuit · 2017
  3. Podiatrist Ass'n, Inc. v. La Cruz Azul De Puerto Rico, Inc.Court of Appeals for the First Circuit · 2003
  4. Erich Specht v. Google IncorporatedCourt of Appeals for the Seventh Circuit · 2014
  5. Myra Corley v. Long-Lewis, Inc.Court of Appeals for the Eleventh Circuit · 2020

40 more not listed; retrieve them via the Exa API.

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