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MARION DIAGNOSTIC CENTER, LLC v. BECTON DICKINSON

No. 21-1513.

29 F.4th 337 (2022)

MARION DIAGNOSTIC CENTER, LLC and Marion Healthcare, LLC, Plaintiffs-Appellants, v. BECTON DICKINSON & CO., Cardinal Health, Inc., and McKesson Medical-Surgical, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 18, 2022.

Attorney(s) appearing for the Case

Justin M. Ellis , Steven Francis Molo , Attorneys, Molo Lamken LLP, New York, NY, Allison Mileo Gorsuch , Attorney, Molo Lamken LLP, Chicago, IL, Robert Stephen Berry , Attorney, Berry Law PLLC, Washington, DC, for Plaintiffs-Appellants.

Robert A. Atkins , William B. Michael , Jacqueline P. Rubin , Attorneys, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, Richard P. Cassetta , Attorney, Bryan Cave Leighton Paisner LLP, St. Louis, MO, for Defendant-Appellee Becton Dickinson & Company.

Michelle Fischer , Patricia Ochman , Attorneys, Jones Day, Cleveland, OH, for Defendant-Appellee Cardinal Health, Incorporated.

Michael T. Brody , Gabriel Gillett , Attorneys, Jenner & Block LLP, Chicago, IL, David Singer , Richard Lee Stone , Attorneys, Jenner & Block LLP, Los Angeles, CA, for Defendant-Appellee McKesson Medical-Surgical, Inc.

Before Sykes, Chief Judge, and Ripple and St. Eve, Circuit Judges.

A putative class of medical providers brought this suit alleging a conspiracy to drive up the prices of conventional syringes, safety syringes, and safety IV catheters ("the Products"). The Providers' First Amended Complaint ("FAC") alleged a hub-and-spokes conspiracy between manufacturer Becton, Dickinson & Co. ("BD...

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