Legal Opinion
Amerisourcebergen Corporation v. Dialysist West, Inc.
Court of Appeals for the Ninth Circuit
Decided October 6, 2006No. 04-15595PublishedCited by 861 opinions
1Opinion of the Court
AMENDED OPINION
FARRIS, Circuit Judge.
OPINION
I. FACTUAL AND PROCEDURAL HISTORY
On August 2, 2002, AmerisourceBergen Corporation1 brought suit against Dialy-sist West, Inc. alleging that Dialysist West breached a sales agreement concerning the sale of the drug Epogen S40. Following its determination that 50% to 100% of the Epogen it purchased from Dialysist West was counterfeit, AmerisourceBergen withheld payments due Dialysist West on non-Epogen drug sales. On March 18, 2003, Dialysist West filed a counterclaim demanding that AmerisourceBergen pay the approximately $2.2 million it owed for the…
2Cases cited29 opinions
- Dairl Johnson Claudine Johnson v. Mammoth Recreations, Inc.Court of Appeals for the Ninth Circuit · 1992
- Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
- Dcd Programs, Ltd. v. Michael W. Leighton, Hill, Farrer & BurrillCourt of Appeals for the Ninth Circuit · 1987
- Reiter v. CooperSupreme Court of the United States · 1993
- Morongo Band of Mission Indians, Plaintiff-Counter-Defendant/appellant v. Frank Rose Clive "Sonny" Miller, Defendants-Counter-Plaintiffs/appelleesCourt of Appeals for the Ninth Circuit · 1990
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3Cited by861 opinions
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- Morgal v. Maricopa County Board of SupervisorsDistrict Court, D. Arizona · 2012
- Wizards of the Coast LLC v. Cryptozoic Entertainment LLCDistrict Court, W.D. Washington · 2015
- Murphy v. American General Life InsuranceDistrict Court, C.D. California · 2015
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