692 F. Supp. 2d 524 - In Re Flonase Antitrust Litigation’s Empirical Analysis
2010
Citation profile
1 federal appellate · 4 district ·
Relationships
Applies 15 U.S.C. § 2 (§ 2 of the Sherman Antitrust Act) · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Lujan v. Defenders of Wildlife · Amchem Products, Inc. v. Windsor · O'Shea v. Littleton
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Illinois Brick expressed concerns that indirect purchasers actions would lead to complex apportionment disputes among injured parties, undermine the efficient enforcement of antitrust laws, or expose defendants to the risk of multiple liability. The end payors' unjust enrichment claim raises identical concerns. ... State legislatures and courts that adopted the Illinois Brick rule against indirect purchaser antitrust suits did not intend to allow an end run around the policies allowing only direct purchasers to recover.”
1 later decision quote this exact passage · from the majority“[t]he act, use or employment by any person of any deception, deceptive act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely upon such concealment, suppression, or omission, in connection with the sale or advertisement of any merchandise[.]”
1 later decision quote this exact passage · from the majority“The policy of IllinoisBrick prohibits indirect purchasers from suing the manufacturer to recover any ill-gotten gains the manufacturer has obtained by violating antitrust laws. ... Allowing indirect purchasers to recover and recoup a benefit from the defendant under an unjust enrichment theory would circumvent the policy choice of Illinois Brick .”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.