Legal Opinion

Sandusky Wellness Center, LLC v. ASD Specialty Healthcare, Inc.

Court of Appeals for the Sixth Circuit

Decided July 11, 2017No. 16-3741PublishedCited by 125 opinions

1Opinion of the Court

OPINION

McKEAGUE, Circuit Judge.

In 2010, Defendant ASD Specialty Healthcare, d/b/a/ Besse Medical Ameri-sourceBergen Specialty Group (“Besse”), a pharmaceutical distributor, sent a one-page fax advertising the drug Prolia to 53,502 physicians. Only 40,343, or 75%, of these faxes were successfully transmitted. Plaintiff Sandusky Wellness Center, a chiropractic clinic that employed one of these physicians, claims to have received this so-called “junk fax,” and—three years later— filed a lawsuit against Besse for the annoyance. Sandusky alleged that Besse violated the Telephone Consumer…

2Cases cited23 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  3. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  4. Califano v. YamasakiSupreme Court of the United States · 1979
  5. Philip D. Overstreet v. Lexington-Fayette Urban County GovernmentCourt of Appeals for the Sixth Circuit · 2002

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

3Cited by125 opinions

  1. Physicians Healthsource Inc v. Cephalon IncCourt of Appeals for the Third Circuit · 2020
  2. Susan Hicks v. State Farm Fire & Casualty Co.Court of Appeals for the Sixth Circuit · 2020
  3. True Health Chiropractic, Inc. v. McKesson CorporationCourt of Appeals for the Ninth Circuit · 2018
  4. Thomas Fox v. Saginaw Cnty., Mich.Court of Appeals for the Sixth Circuit · 2023
  5. Joyce Walker v. Life Ins. Co. of the SouthwestCourt of Appeals for the Ninth Circuit · 2020

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API