Legal Opinion

Kaiser Foundation Health Plan, Inc. v. Abbott Laboratories, Inc.

Court of Appeals for the Ninth Circuit

Decided January 13, 2009No. 06-55687, 06-55748PublishedCited by 41 opinions

1Opinion of the Court

WILLIAM A. FLETCHER, Circuit Judge:

Plaintiff-Appellant Kaiser Foundation Health Plan, Inc. (“Kaiser”) sued Defendants-Appellees Abbott Laboratories, Inc. (“Abbott”) and Geneva Pharmaceuticals (“Geneva”) for violations of the Sherman Antitrust Act and analogous provisions of California law. Kaiser brought a claim under Section One of the Sherman Act against both Abbott and Geneva, and a claim under Section Two against only Abbott. A multidistrict litigation federal district court in Florida allowed Kaiser’s Section One claim to go to trial. The suit was transferred to a federal district court…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. United States v. Grinnell Corp.Supreme Court of the United States · 1966
  3. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  4. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  5. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972

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3Cited by41 opinions

  1. Federal Trade Commission v. AbbVie IncCourt of Appeals for the Third Circuit · 2020
  2. In Re Wellbutrin XL Antitrust Litigation Indirect Purchaser ClassCourt of Appeals for the Third Circuit · 2017
  3. Hanover 3201 Realty, LLC v. Village Supermarkets, Inc.Court of Appeals for the Third Circuit · 2015
  4. Waugh Chapel South, LLC v. United Food & Commercial Workers Union, Local 27Court of Appeals for the Fourth Circuit · 2013
  5. Mozilla Corporation v. FCCCourt of Appeals for the D.C. Circuit · 2019

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