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SANDUSKY WELLNESS CTR. v. ASD SPECIALTY HEALTHCARE

No. 16-3741.

863 F.3d 460 (2017)

SANDUSKY WELLNESS CENTER, LLC, an Ohio limited liability company, individually and as the representative of a class of similarly situated persons, Plaintiff-Appellant, v. ASD SPECIALTY HEALTHCARE, INC., d/b/a Besse Medical AmerisourceBergen Specialty Group, Inc.; John Does 1-10, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2017.

Attorney(s) appearing for the Case

ARGUED: Glenn L. Hara , ANDERSON + WANCA, Rolling Meadows , Illinois, for Appellant. Martin W. Jaszczuk , JASZCZUK P.C., Chicago, Illinois, for Appellees. ON BRIEF: Glenn L. Hara , ANDERSON + WANCA, Rolling Meadows , Illinois, Matthew E. Stubbs , MONTGOMERY RENNIE & JONSON, Cincinnati, Ohio, for Appellant. Martin W. Jaszczuk , W. Scott Hastings , Keith L. Gibson , LOCKE LORD LLP, Chicago, Illinois, Jennifer J. Dawson , MARSHALL & MELHORN, LLC, Toledo, Ohio, for Appellees.

Before: SUHRHEINRICH, SUTTON, and McKEAGUE, Circuit Judges.

OPINION

In 2010, Defendant ASD Specialty Healthcare, d/b/a/ Besse Medical AmerisourceBergen Specialty Group ("Besse"), a pharmaceutical distributor, sent a one-page fax advertising the drug Prolia to 53,502 physicians. Only 40,343, or 75%, of these faxes were successfully transmitted. Plaintiff Sandusky Wellness...

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