Legal Opinion
Warren General Hospital v. Amgen Inc.
Court of Appeals for the Third Circuit
Decided June 14, 2011No. 10-2778PublishedCited by 700 opinions
1Opinion of the Court
OPINION OF THE COURT
FUENTES, Circuit Judge.
This appeal raises the question of whether a hospital that purchases certain pharmaceutical products from a wholesaler middleman has standing under Illinois Brick Co. v. Illinois, 431 U.S. 720, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977), to bring an illegal tying claim under federal law against the manufacturer of the pharmaceutical drugs, Amgen. In Illinois Brick, the Supreme Court held that only direct purchasers have standing under Section 4 of the Clayton Act. In this case, plaintiff-appellant Warren General Hospital argues that it falls squarely…
2Cases cited24 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
- Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
- Harold Pinker, Individually and on Behalf of All Others Similarly Situated v. Roche Holdings Ltd. Harold PinkerCourt of Appeals for the Third Circuit · 2002
19 more not listed; retrieve them via the Exa API.
3Cited by700 opinions
- Christopher Shorter v. United StatesCourt of Appeals for the Third Circuit · 2021
- Estate of Adriano Roman, Jr. v. City of NewarkCourt of Appeals for the Third Circuit · 2019
- Brittany Morrow v. Barry BalaskiCourt of Appeals for the Third Circuit · 2013
- Hartig Drug Co Inc v. Senju Pharmaceutical Co LtdCourt of Appeals for the Third Circuit · 2016
- Patricia Thompson v. Real Estate Mortgage NetworkCourt of Appeals for the Third Circuit · 2014
695 more not listed; retrieve them via the Exa API.