IN RE LORAZEPAM & CLORAZEPATE ANTITRUST LITIGATION

Nos. 08-5044, 08-5045.

631 F.3d 537 (2011)

In re LORAZEPAM & CLORAZEPATE ANTITRUST LITIGATION. Blue Cross & Blue Shield of Massachusetts, et al., Appellees v. Mylan Laboratories, Inc. and Mylan Pharmaceuticals, Inc., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 2011.


Attorney(s) appearing for the Case

Jonathan M. Jacobson argued the cause for appellants. With him on the briefs were Seth C. Silber , D. Bruce Hoffman , and Ryan A. Shores . Neil K. Gilman entered an appearance.

Martin R. Lueck argued the cause for appellees. With him on the brief were Sara A. Poulos , James R. Safley , Sarah E. Hudleston , Robert T. Rhoad , and Ryan C. Tisch . Jeffrey Downey and Bethany M. Wimsatt entered appearances.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.


RANDOLPH, Senior Circuit Judge:

This is an appeal from the judgment of the district court, entered after a jury trial, awarding plaintiffs $76,823,943. The plaintiffs invoked diversity jurisdiction and alleged violations of state antitrust laws. Our opinion deals only with defendants' motion on appeal to dismiss for lack of jurisdiction.

Plaintiffs are four health insurance companies. They sued Mylan, a manufacturer of generic drugs, and two other companies...

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