Comprehensive Health Care Sys. of Palm Beaches, Inc. v ...

https://casetext.com/.../comprehensive-health-care-sys-of-palm-beaches-inc-v -vitaminerals-vmorthopedics-ltd
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Jan 3, 2017 ... Read Comprehensive Health Care Sys. of Palm Beaches, Inc. v. Vitaminerals VM /Orthopedics, Ltd., CASE NO. 5:16CV2183, see flags on bad ... From Casetext: Smarter Legal Research Comprehensive Health Care Sys. of Palm Beaches, Inc. v. Vitaminerals VM/Orthopedics, Ltd. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION CASE NO. 5:16CV2183 (N.D. Ohio Jan. 3, 2017)Copy Citation COMPREHENSIVE HEALTH CARE SYSTEMS OF PALM BEACHES, INC., Individually and as the representative of a class of similarly situated persons, Plaintiff, v. VITAMINERALS VM/ORTHOPEDICS, LTD., et al., Defendants. MAGISTRATE JUDGE KATHLEEN B. BURKE Plaintiff Comprehensive Health Care Systems of Palm Beaches, Inc. ("Plaintiff") brings this alleged class action under the Telephone Consumer Protection Act, 47 U.S.C. § 227, based on its receipt of two unsolicited faxes, copies of which are attached to the Amended Class Action Complaint as Exhibits A and B. Docs. 43-1 and 43-2. The faxes urge the recipient to purchase products listed in the faxes from Defendant Vitaminerals ("Vitaminerals" or "VM") and they provide contact information for Vitaminerals. BioFreeze, a product manufactured by Defendant Hygenic Corporation ("Hygenic"), is prominently featured in the faxes, although other types of healthcare products sold by Vitaminerals are also listed. Plaintiff also alleges a state law claim for conversion bases on the same alleged facts. Hygenic has filed a Motion to Dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Doc. 45. The Motion has been fully briefed. The issue raised by Hygenic's Rule12(b)(6) Motion is whether the Amended Complaint sufficiently states a claim pursuant to which Hygenic may be held liable under the TCPA as a "sender" of the faxes despite the absence of any factual allegations indicating that it either transmitted the faxes, authorized Vitaminerals to do so, or even knew of the faxes. In other words, the issue is whether the TCPA imposes strict liability on a manufacturer whose product is featured in an unsolicited fax despite the lack of any involvement by the manufacturer in the transmittal of the fax. For the reasons explained below, the Court holds that the TCPA does not impose such liability. The Court DENIES Hygenic's motion under Rule 12(b)(1) but GRANTS Hygenic's motion under Rule 12(b)(6).



Comprehensive Health Care

https://www.usccb.org/...and...and.../health-care/.../health-care- comprehensive-care.pdf
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Jun 18, 1993 ... Catholic-sponsored health care facilities, has developed a comprehensive framework for a reformed health care sys- tem. This plan reflects the ...---




Comprehensive Health Care Sys. of the Palm Beaches, Inc. v. M3 ...

https://casetext.com/.../comprehensive-health-care-sys-of-the-palm-beaches- inc-v-m3-us-corp-1
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Oct 6, 2017 ... Read Comprehensive Health Care Sys. of the Palm Beaches, Inc. v. M3 USA Corp., Case No. 16-cv-80967-BLOOM/Valle, see flags on bad law ... From Casetext: Smarter Legal Research Comprehensive Health Care Sys. of the Palm Beaches, Inc. v. M3 USA Corp. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 16-cv-80967-BLOOM/Valle (S.D. Fla. Oct. 6, 2017)Copy Citation Case No. 16-cv-80967-BLOOM/Valle COMPREHENSIVE HEALTH CARE SYSTEMS OF THE PALM BEACHES, INC., and DR. ROBERT W. MAUTHE, M.D., P.C., Plaintiffs, v. M3 USA CORPORATION, and MDLINX, INC., Defendants. BETH BLOOM UNITED STATES DISTRICT JUDGE THIS CAUSE is before the Court upon a Motion to Stay filed by Defendant M3 USA Corporation ("M3," together with MDLinx, Inc., "Defendants"). ECF No. [99] ("Motion"). The Court has carefully reviewed the Motion, all opposing and supporting materials, the record in this case and the applicable law, and is otherwise fully advised. For the reasons set forth below, the Motion is GRANTED. M3 is a market research company which sends targeted invitations via facsimile to healthcare professionals participate in research surveys. ECF No. [55] at 2. Plaintiffs Comprehensive Healthcare Systems of the Palm Beaches, Inc. ("Comprehensive") and Dr. Robert W. Mauthe ("Mauthe") (together, "Plaintiffs") each received at least one such facsimile (or "fax") from M3. Id. Plaintiffs assert that these faxes are "advertisements" transmitted in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"), because they were sent without Plaintiffs' consent and without the proper opt-out language required by the TCPA. ECF No. [44] at 2-3, 19-25. While the parties have advanced several arguments about the legal and factual sufficiency of the claims, both note that "the questions of whether the faxes at issue are in fact advertisements is a core issue that is potentially dispositive of this case." ECF No. [103] at 1; see also ECF Nos. [102] at 9, [99] at 1.



RWJBarnabas Health | Comprehensive Healthcare in New Jersey

https://www.rwjbh.org/
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At RWJBarnabas Health, the comprehensive care you need is in reach! With the safety of our patients and team members at the forefront, we are taking the ... This site overrides Array.from() with an implementation that doesn't support iterables, which could cause Google Maps JavaScript API v3 to not work correctly. Updates About Precautions to Ensure Your Safety at Our Facilities TEMPORARY VISITATION POLICY CHANGE: Please read our new guidelines before you visit. You’ve taken every precaution, and so have we. LEARN ABOUT OUR PATIENT SAFETY AND SCREENING MEASURES With the safety of our patients and team members at the forefront, we are taking the appropriate precautions and using best practices to continue to ensure the highest quality care, protection, support and comfort for all of our patients. Our dedication to serving the people of New Jersey extends far beyond the care we provide within our hospital walls. We support programs that promote health and wellness in our communities and provide access to services that would otherwise be unavailable. We are committed to the ongoing improvement of the health, quality of life, and vitality of our communities. We strive to bring the best healthcare to meet the evolving needs of residents in New Jersey—whether that be enhancing the coordination for treating complex health conditions or improving community health through local programs and education. Our partnership with Rutgers University creates the state’s largest academic healthcare system dedicated to providing high-quality patient care, leading-edge research, and world-class health and medical education, further advancing our mission of providing high-quality healthcare in New Jersey.






Health Services Los Angeles County: Home

https://dhs.lacounty.gov/
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The Department of Health Services (DHS) is an integrated system of providers, clinics, and hospitals, so you get the right care at the right place at the right time.---




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