WHOLESALE CASES
U.S. 9th Circuit, April 30, 2008
Delaware Valley Surgical Supply Inc. v. Johnson & Johnson, No. 08-55105
In an interlocutory appeal stemming from a disagreement between two different groups of plaintiffs about who has standing as a "direct purchaser" to bring a claim against Johnson & Johnson and subsidiaries under federal antitrust laws, a judgment ruling against plaintiff-hospital is affirmed as it lacked standing to pursue an antitrust claim under a direct purchaser theory.
Read more...
ADDITIONAL CASES INVOLVING WHOLESALE COMPANIES
U.S. Fed. Circuit Court of Appeals, May 01, 2008
Amerisource Corp. v. U.S., No. 2007-5121
A ruling that there was no compensable taking in the seizure of an innocent third party's property, which was never introduced as evidence in a criminal proceeding and was rendered worthless over the course of the proceedings, is affirmed where: 1) the government seized the goods pursuant to the police power and not for "public use" within the meaning of the Fifth Amendment; and 2) the innocence of the third party did not make the seizure of property under the police power a compensable taking.
Read more...
