Legal Opinion

Ortho Pharmaceutical Corporation v. Amgen, Inc.

Court of Appeals for the Third Circuit

Decided August 17, 1989No. 89-3272PublishedCited by 78 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Defendant Amgen, Inc. appeals from the grant of a preliminary injunction in favor of plaintiff Ortho Pharmaceutical Company, in a contract dispute that the parties agreed to submit to arbitration. The primary issues in this appeal are whether the Federal Arbitration Act, 9 U.S.C. §§ 1-15 (1982), abrogates the district court’s power to issue a preliminary injunction in an arbi-trable dispute, and whether the district court erred in deciding that Ortho had met the prerequisites for a preliminary injunction.

The appeal is moot as it relates to paragraphs…

2Cases cited19 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  3. DeFunis v. OdegaardSupreme Court of the United States · 1974
  4. The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc.Court of Appeals for the Fifth Circuit · 1974
  5. Roso-Lino Beverage Distributors, Inc. v. The Coca-Cola Bottling Company of New York, Inc.Court of Appeals for the Second Circuit · 1984

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3Cited by78 opinions

  1. United Food & Commercial Workers Union, Local 1099 v. Southwest Ohio Regional Transit AuthorityCourt of Appeals for the Sixth Circuit · 1998
  2. Performance Unlimited, Inc. v. Questar Publishers, Inc.Court of Appeals for the Sixth Circuit · 1995
  3. Rum Creek Coal Sales, Inc. v. CapertonCourt of Appeals for the Fourth Circuit · 1991
  4. Abdul-Akbar v. WatsonCourt of Appeals for the Third Circuit · 1993
  5. Chicago United Industries, Ltd. v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2006

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