Legal Opinion · Concurrence

ACUMED LLC v. Advanced Surgical Services, Inc.

Court of Appeals for the Third Circuit

Decided March 20, 2009No. 07-1869, 07-2562Published

1ConcurrenceAmbro, Circuit Judge

I join Judge Greenberg’s well-crafted and in-depth opinion. I mention two more matters, not necessary to the outcome of this case, that I nonetheless deem of concern.

The jury’s initial compensatory award to Acumed of $0 reflected the conclusion, mentioned in note 17 of Judge Green-berg’s opinion, that Acumed cannot prove the “actual legal damage” necessary to establish tortious interference with contractual relationships. Brokerage Concepts, Inc. v. U.S. Healthcare, Inc., 140 F.3d 494, 530 (3d Cir.1998). By denying Acumed compensatory damages, the jury indicated that Acumed had not shown “the…

2Cases cited16 opinions

  1. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  2. Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
  3. Brokerage Concepts v. US Healthcare Inc (Part II)Court of Appeals for the Third Circuit · 1998
  4. Birl v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1960
  5. Pelagatti v. CohenSupreme Court of Pennsylvania · 1987

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