Law360, New York (January 13, 2015, 1:26 PM EST) -- A Michigan federal judge on Monday denied Physicians Healthsource Inc.'s motion for summary judgment in a class action alleging Stryker Corp. violated the Telephone Consumer Protection Act by sending faxes promoting orthopedics seminars, saying the medical practice hadn't shown they were advertisements.
U.S. District Judge Robert J. Jonker found that as a matter of law, the faxes were unsolicited, but that there were still issues of material fact that precluded Physicians Healthcare and Stryker's motions for summary judgment. The judge denied their motions, saying that whether the seminars promoted in the faxes were primarily educational and promotional couldn't be decided as...
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