Legal Opinion
Fruth, Inc. v. Cardinal Health, Inc.
District Court, S.D. West Virginia
Decided June 28, 2024No. 3:23-cv-00801Unknown
1Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION FRUTH INC. and FRUTH PHARMACY, INC., Plaintiffs, v. CIVIL ACTION NO. 3:23-0801 CARDINAL HEALTH, INC., CARDINAL HEALTH 411, INC., CARDINAL HEALTH 110, LLC, and CARDINAL HEALTH 112, LLC, Defendants. MEMORANDUM OPINION AND ORDER Pending is Defendants’ Motion to Dismiss. ECF No. 14. For the reasons that follow, the motion is GRANTED in part and DENIED in part.1 I. BACKGROUND A. Section 340B of the Public Health Service Act Before the Court delves into the factual allegations made by the Plaintiffs…
2Cases cited25 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Estate of Osborn Ex Rel. Osborn v. KempSupreme Court of Delaware · 2010
- Astra USA, Inc. v. Santa Clara CountySupreme Court of the United States · 2011
- Berkeley County Public Service District v. Vitro Corp. of AmericaWest Virginia Supreme Court · 1968
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