Today's ruling, in which the Court took the step of rejecting key elements of the plaintiff's case even before looking at the facts, was very encouraging. It does, however, permit the plaintiffs to attempt to replead a number of the points. Aetna will carefully review any amended complaint and respond appropriately. As is standard in reviewing a defendant's motion to dismiss a complaint, the Court did not attempt to resolve disputed factual questions. If any amended pleading ultimately survives further scrutiny, Aetna is prepared to defend itself vigorously against the remaining factual allegations.
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