SHARIF PHARMACY, INC. v. PRIME THERAPEUTICS, LLC

No. 18-2725, No. 18-3003.

950 F.3d 911 (2020)

SHARIF PHARMACY, INC., Plaintiff-Appellant, v. PRIME THERAPEUTICS, LLC, Defendant-Appellee. Helen J. Scale, et al., Plaintiffs-Appellants, v. Prime Therapeutics, LLC, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 2020.


Attorney(s) appearing for the Case

Lawrence M. Karlin , Attorney, KARLIN EIDE, Ariel Weissberg , Attorney, WEISSBERG & ASSOCIATES, LTD., Chicago, IL, for Plaintiffs-Appellants.

Mark W. Bina , Attorney, QUARLES & BRADY LLP, Chicago, IL, for Defendant-Appellee PRIME THERAPEUTICS LLC.

Mark W. Bina , Edward King Poor , Attorneys, QUARLES & BRADY LLP, Chicago, IL, for Defendant-Appellee PRIME THERAPEUTICS LLC.

Robert Andalman , A&G LAW LLC, Chicago, IL, for Defendant-Appellee WALGREEN COMPANY.

Martin J. Bishop , Attorney, REED SMITH LLP, Chicago, IL, William Sheridan , Attorney, REED SMITH LLP, Pittsburgh, PA, for Defendants-Appellees HEALTHCARE SERVICES CORPORATION, BLUE CROSS AND BLUE SHIELD OF ILLINOIS.

Bridget DiBattista , Attorney, OFFICE OF THE ATTORNEY GENERAL, Civil Appeals Division, Chicago, IL, for Defendant-Appellee ILLINOIS DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES.

Before Kanne, Hamilton, and Barrett, Circuit Judges.


The issue in these consolidated appeals is whether plaintiffs in two similar cases have stated viable claims under Sections 1 or 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. They have not. We affirm the judgments of both district courts dismissing the cases on the plaintiffs...

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