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HEALTH ONE MEDICAL CENTER v. MOHAWK, INC.

No. 17-1973.

889 F.3d 800 (2018)

HEALTH ONE MEDICAL CENTER, EASTPOINTE P.L.L.C., a Michigan Professional Limited Liability Company, individually and as the representative of a class of similarly-situated persons, Plaintiff-Appellant, v. MOHAWK, INC., Defendant, Bristol-Myers Squibb Company; Pfizer Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 9, 2018.

Attorney(s) appearing for the Case

ON BRIEF: Phillip A. Bock , David M. Oppenheim , BOCK, HATCH, LEWIS & OPPENHEIM, LLC, Chicago, Illinois, for Appellant. Debra Bogo-Drnst , Michele Odorizzi , Christopher J. Ferro , MAYER BROWN LLP, Chicago, Illinois, for Appellee Bristol-Myers Squibb Company. Rebecca J. Schwartz , Molly S. Carella , SHOOK, HARDY & BACON L.L.P., Kansas City, Missouri, for Appellee Pfizer Inc.

Before: SUHRHEINRICH, GIBBONS, and KETHLEDGE, Circuit Judges.

OPINION

Some questions seem to arise only in class-action lawsuits. Here, a seller of prescription drugs sent junk faxes to various medical providers, advertising the seller's prices on various drugs. The question presented is whether — for purposes of the...

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