Legal Opinion

Fresenius Med. Care Holdings, Inc. v. Hood

Mississippi Supreme Court

Decided October 4, 2018No. 2016-IA-01385-SCT; CONSOLIDATED WITH NO. 2017-IA-00443-SCTPublished

1Opinion of the Court

COLEMAN, JUSTICE, FOR THE COURT:

¶ 1. Fresenius Medical Care Holdings, Inc., and Fresenius USA, Inc., operates dialysis treatment clinics throughout the United States, including Mississippi. Fresenius also manufactures and sells dialysis products, including GranuFlo, a product administered to patients being treated for end-stage renal disease. GranuFlo is an acid concentrate that is mixed with bicarbonate and water to create a dialysis fluid. In 2014, the State of Mississippi brought a civil action against Fresenius, alleging that it had engaged in unfair and deceptive trade practices in…

2Cases cited51 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. United States of America and Revenue Agents Clarence H. Isabel and John S. Reid of the Internal Revenue Service v. The El Paso CompanyCourt of Appeals for the Fifth Circuit · 1982
  3. Bowne of New York City, Inc. v. AmBase Corp.District Court, S.D. New York · 1993
  4. Equal Employment Opportunity Commission v. BDO USA, L.L.P.Court of Appeals for the Fifth Circuit · 2017
  5. Hercules Inc. v. Exxon Corp.District Court, D. Delaware · 1977

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