Legal Opinion

Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc.

Court of Appeals for the Second Circuit

Decided February 3, 2017No. 15-288-cvPublishedCited by 45 opinions

1Opinion of the Court

WINTER, Circuit Judge:

Physicians Healthsource appeals from Judge Underhill’s dismissal of its class action complaint asserting violations of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Protection Act of 2005, 47 U.S.C. § 227 (the TCPA). The complaint alleges that appel-lees (collectively “Boehringer”) sent an unsolicited fax invitation for a free dinner meeting to discuss ailments relating to ap-pellees’ business. According to appellant, this fax constituted an “unsolicited advertisement” prohibited by the TCPA.

Judge Underhill dismissed appellant’s complaint for…

2Cases cited7 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  4. Arista Records, LLC v. Doe 3Court of Appeals for the Second Circuit · 2010
  5. Gager v. Dell Financial Services, LLCCourt of Appeals for the Third Circuit · 2013

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3Cited by45 opinions

  1. Jeffrey Parchman v. SLM Corp.Court of Appeals for the Sixth Circuit · 2018
  2. West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan, Inc.Illinois Supreme Court · 2021
  3. Matthew N. Fulton, D.D.S., P.C. v. Enclarity, Inc.Court of Appeals for the Sixth Circuit · 2018
  4. Carlton & Harris Chiropractic, Inc. v. PDR Network, LLCCourt of Appeals for the Fourth Circuit · 2018
  5. Gorss Motels, Inc. v. Lands' End, Inc.Court of Appeals for the Second Circuit · 2021

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

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