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IN RE ROTAVIRUS VACCINES ANTITRUST LITIGATION

No. 20-3460.

30 F.4th 148 (2022)

IN RE: ROTAVIRUS VACCINES ANTITRUST LITIGATION. Sugartown Pediatrics, LLC; Schwartz Pediatrics SC; Margiotti & Kroll Pediatrics, PC v. Merck Sharp & Dohme Corp., Appellant.

United States Court of Appeals, Third Circuit.

Filed: March 21, 2022.

Attorney(s) appearing for the Case

Ashley E. Bass [argued], Andrew D. Lazerow , Mark W. Mosier , Covington & Burling, 850 10th Street, N.W., One City Center, Washington, DC 20001, Lisa C. Dykstra , Morgan Lewis & Bockius, 1701 Market Street, Philadelphia, PA 19103, Counsel for Appellant.

Leonardo Chingcuanco , Daniel H. Silverman [argued], Daniel A. Small , Cohen Milstein, 1100 New York Avenue, N.W., West Tower, Suite 500 Washington, DC 20005, Gary L. Azorsky , Cohen Milstein, 1717 Arch Street, 3 Logan Square, Suite 3610, Philadelphia, PA 19103, Eric L. Cramer , David A. Langer , Daniel J. Walker , Berger Montague, 1818 Market Street, Suite 3600, Philadelphia, PA 19103, Counsel for Appellees.

Before: CHAGARES, Chief Judge, HARDIMAN, and MATEY, Circuit Judges.

OPINION OF THE COURT

This appeal comes to us from an order denying a motion to compel arbitration. Appellant Merck contends the District Court should have compelled Sugartown Pediatrics, Schwartz Pediatrics, and Margiotti & Kroll Pediatrics (the Pediatricians) to arbitrate their claim that Merck's vaccine bundling...

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