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NATIONAL ASS'N, DRUG STORES v. N.E. CARP. HEALTH

Nos. 09-1577, 09-1580, 09-1578, 09-1579.

582 F.3d 30 (2009)

NATIONAL ASSOCIATION OF CHAIN DRUG STORES, Amicus Curiae-Appellant, Food Marketing Institute, Interested Party-Appellant, v. NEW ENGLAND CARPENTERS HEALTH BENEFITS FUND, Pirelli Armstrong Retiree Medical Benefits Trust, Teamsters Health & Welfare Fund of Philadelphia and Vicinity, Philadelphia Federation of Teachers Health & Welfare Fund, District Council 37 AFSCME Health & Security Plan, June Swan, Bernard Gorter, Shelly Campbell, Constance Jordan, Plaintiffs, Appellees. First Databank, Inc., a Missouri Corporation, Medi-Span, a division of Wolters Kluwer Health, Inc., Defendants, Appellees. Deville Pharmacies, Inc.; Long Term Care Pharmacy Alliance; American Society of Consultant Pharmacists, Interested Parties-Appellants, v. New England Carpenters Health Benefits Fund, Pirelli Armstrong Retiree Medical Benefits Trust, Teamsters Health & Welfare Fund of Philadelphia and Vicinity, Philadelphia Federation of Teachers Health & Welfare Fund, District Council 37 AFSCME Health & Security Plan, June Swan, Bernard Gorter, Shelly Campbell, Constance Jordan, Plaintiffs, Appellees. First Databank, Inc., a Missouri Corporation, Medi-Span, a division of Wolters Kluwer Health, Inc., Defendants, Appellees. National Community Pharmacists Association, Interested Party-Appellant, v. New England Carpenters Health Benefits Fund, Pirelli Armstrong Retiree Medical Benefits Trust, Teamsters Health & Welfare Fund of Philadelphia and Vicinity, Philadelphia Federation of Teachers Health & Welfare Fund, District Council 37 AFSCME Health & Security Plan, June Swan, Bernard Gorter, Shelly Campbell, Constance Jordan, Plaintiffs, Appellees. First Databank, Inc., a Missouri Corporation, Medi-Span, a division of Wolters Kluwer Health, Inc., Defendants, Appellees. Pharmaceutical Care Management Association, Putative Intervenor-Amicus Curiae-Appellant, v. New England Carpenters Health Benefits Fund, Pirelli Armstrong Retiree Medical Benefits Trust, Teamsters Health & Welfare Fund of Philadelphia and Vicinity, Philadelphia Federation of Teachers Health & Welfare Fund, District Council 37 AFSCME Health & Security Plan, June Swan, Bernard Gorter, Shelly Campbell, Constance Jordan, Plaintiffs, Appellees. First Databank, Inc., a Missouri Corporation, Medi-Span, a division of Wolters Kluwer Health, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 3, 2009.

Attorney(s) appearing for the Case

Daniel S. Savrin with whom Francesca Lucia Miceli, Angela J. Neal and Bingham McCutchen LLP were on brief for amicus curiae-appellant National Association of Chain Drug Stores, interested party-appellant Food Marketing Institute, and provisional intervenors Eaton Apothecary, Louis and Clark Drug, Inc. and Thrifty White Drug.

Daniel S. Savrin with whom Francesca Lucia Miceli, Angela J. Neal, Bingham McCutchen LLP, David J. Farber, Edward D. Gehres, III and Patton Boggs LLP were on brief for interested party-appellant DeVille Pharmacies and appellants-provisional intervenors Long Term Care Pharmacy Alliance and American Society of Consultant Pharmacists.

David S. Savrin for interested party-appellant National Community Pharmacists Association. David A. Balto and Law Offices of David A. Balto on brief for interested party-appellant National Community Pharmacists Association.

David S. Savrin for putative intervenor-amicus curiae-appellant Pharmaceutical Care Management Association. Catherine R. Connors, John J. Aromando, Katherine I. Rand and Pierce Atwood LLP on brief for putative intervenor-amicus curiae-appellant Pharmaceutical Care Management Association.

Sheila L. Birnbaum with whom Thomas E. Fox, Matthew J. Matule, Nicholas I. Leitzes and Skadden, Arps, Slate, Meagher & Flom LLP were on brief for appellee First DataBank, Inc.

Thomas M. Sobol with whom Steve W. Berman, Sean R. Matt, Nicholas Styant-Browne, Barbara A. Mahoney, Hagens Berman Sobol Shapiro LLP, Kenneth A. Wexler Jennifer Fountain Connolly, Wexler Wallace LLP, Jeffrey Kodroff, John Macoretta, Spector, Roseman, Kodroff & Willis, PC, Marc H. Edelson, Edelson & Associates, George E. Barrett, Edmund L. Carey, Jr. and Barrett, Johnston & Parsley were on brief for appellee New England Carpenters Health Benefits Fund, et al.

Karl R. Barnickol with whom Katten Muchin Rosenman LLP was on brief for appellee Medi-Span, a division of Wolters Kluwer Health, Inc.

Before BOUDIN, SELYA & DYK, Circuit Judges.

BOUDIN, Circuit Judge.

On these appeals, certain pharmacies, several organizations representing pharmacies and an organization representing pharmacy benefit managers ("PBMs") challenge settlements in two class actions. The actions were brought by purchasers of pharmaceutical drugs against publishers of drug pricing data, as well as a wholesaler not party to these appeals. At issue are both the validity of the settlements approved by the district court and the right...

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