Legal Opinion
County of Santa Clara v. Astra USA, Inc.
District Court, N.D. California
Decided May 5, 2009No. C 05-03740 WHAPublished
1Opinion of the Court
ORDER REGARDING CLASS CERTIFICATION
WILLIAM ALSUP, District Judge.
INTRODUCTION
In this proposed class action, the County of Santa Clara seeks to recover overcharges from a dozen drug manufacturers for charges that exceeded price ceilings imposed by Section 340B of the Public Health Service Act of 1992 and contractual agreements thereunder. After an appeal and remand reinstating a contract claim as third-party beneficiary, plaintiff County now moves for class certification to sue on behalf of all California counties and Section 340B entities. For the reasons that follow, the motion will be…
2Cases cited7 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Hanlon v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 1998
- David Hanon v. Dataproducts Corporation Jack C. DavisCourt of Appeals for the Ninth Circuit · 1992
- Reiter v. CooperSupreme Court of the United States · 1993
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