Legal Opinion
AmerisourceBergen Corp. v. Dialysist West, Inc.
Court of Appeals for the Ninth Circuit
Decided March 21, 2006No. 04-15595PublishedCited by 53 opinions
1Opinion of the Court
FARRIS, Circuit Judge.
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 May 18, 2003, Dialysist West filed a counterclaim demanding that AmerisourceBergen pay the approximately $2.2 million it owed for the non-Epogen products…
2Cases cited22 opinions
- Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
- Reiter v. CooperSupreme Court of the United States · 1993
- Wagenseller v. Scottsdale Memorial HospitalArizona Supreme Court · 1985
- Bowles v. ReadeCourt of Appeals for the Ninth Circuit · 1999
- Rafael Chodos, an Individual v. West Publishing Company, Inc., a Minnesota Corporation Doing Business in California Dba Bancroft-Whitney CompanyCourt of Appeals for the Ninth Circuit · 2002
17 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- United States v. SteinDistrict Court, S.D. New York · 2006
- Coalition for ICANN Transparency Inc. v. VeriSign, Inc.District Court, N.D. California · 2006
- Watson v. County of Santa ClaraDistrict Court, N.D. California · 2007
- (PC) Bowell v. MontoyaDistrict Court, E.D. California · 2020
- (PC) Chavez v. Doe 1District Court, E.D. California · 2020
48 more not listed; retrieve them via the Exa API.