Legal Opinion

Endo Pharm. Inc. v. Fed. Trade Comm'n

District Court, E.D. Pennsylvania

Decided October 29, 2018No. Civ. No. 16-5599PublishedCited by 7 opinions

1Opinion of the Court

Diamond, District Judge.

After the Federal Trade Commission voluntarily dismissed its enforcement action in this Court against Plaintiffs Watson Laboratories and Allergan Finance-and then refiled that same enforcement action in California-Plaintiffs brought this declaratory judgment suit, repeating the arguments made in their motions to dismiss in the original enforcement action. Although the FTC's apparent forum shopping may warrant sanctions, the law does not allow Plaintiffs to challenge the Commission's enforcement decisions by way of declaratory judgment when they can do so in defending…

2Cases cited47 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  4. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  5. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967

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3Cited by7 opinions

  1. Board of Dental Examiners of Alabama v. Federal Trade CommissionDistrict Court, N.D. Alabama · 2021
  2. D&B Boat Rentals Inc v. National Pollution Funds CenterDistrict Court, E.D. Louisiana · 2020
  3. Federal Trade Commission v. American Vehicle Protection Corp.District Court, S.D. Florida · 2022
  4. Inglese v. Black Swan Technologies, LLCDistrict Court, M.D. Florida · 2022
  5. Nerium International, LLC v. Federal Trade CommissionDistrict Court, N.D. Illinois · 2020

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