October 22, 2002

A team of Jenner & Block attorneys recently convinced the U.S. Court of Appeals for the Fourth Circuit to vindicate the right of a non-profit client to speak out on public issues.

The Firm’s client, a medical professional association, had published a literature review in its scientific medical journal on a relatively new technology. The manufacturer of the medical device sued the association in a federal district court, claiming violations of the Lanham Act and various state law torts, including injurious falsehood. Jenner & Block successfully defended against several requests for immediate injunctions and prevailed before the trial judge on its motion for summary judgment. On Oct. 4, the Fourth Circuit affirmed the District Court’s grant of summary judgment, in which the judge recognized that “chilling the speech of the [association] in this instance would likely prevent all debate about such subjects from entering into the marketplace."

Partner Deanne E. Maynard argued the case in the Fourth Circuit, assisted by associates Katherine A. Fallow and Jared O. Freedman. Partners Donald B. Verrilli, Jr. and Robert M. Portman also advised on the case.