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MATRIX DISTRIBUTORS v. NATIONAL ASS'N OF BOARDS

No. 20-3638.

34 F.4th 190 (2022)

MATRIX DISTRIBUTORS, INC.; Oak Drugs, Inc.; PriMed Pharmaceuticals, LLC v. NATIONAL ASSOCIATION OF BOARDS OF PHARMACY; OptumRx, Inc. Oak Drugs, Inc.; PriMed Pharmaceuticals, LLC, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 19, 2022.

Attorney(s) appearing for the Case

Brian M. Culnan [Argued], Linda J. Clark , Brad M. Gallagher , Barclay Damon LLP, 80 State Street, Albany, New York 12207, Counsel for Appellants Oak Drugs, Inc.; PriMed Pharmaceuticals, LLC.

Brian E. Casey [Argued], Barnes & Thornburg LLP, 201 S. Main Street, Suite 400, South Bend, IN 46601, Regina S.E. Murphy , 1000 N. West Street, Suite 1500, Wilmington, DE 19801, Counsel for Appellee National Association of Boards of Pharmacy.

Jason R. Asmus [Argued], Taft Stettinius & Hollister LLP, 2200 IDS Center, 80 South 8th Street, Minneapolis, MN 55402, Francis X. Manning , Stradley Ronon Stevens & Young, LLP, LibertyView, 457 Haddonfield Road, Suite 100, Cherry Hill, NJ 08002, Counsel for Appellee OptumRx, Inc.

Before: AMBRO, BIBAS, and ROTH, Circuit Judges.

OPINION

Not all wrongs amount to constitutional violations. Indeed, most constitutional amendments protect only against wrongs caused by the states or the federal government. And the main cause of action for seeking damages for constitutional violations, 42 U.S.C. § 1983, contains a "state actor" requirement...

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