Nursing Home Can't Sue J&J For Pricing: 9th Circ.

Law360, New York (April 30, 2008, 12:00 AM EDT) -- A South Carolina hospital cannot under federal antitrust law seek damages from Johnson & Johnson, which the hospital accuses of manipulating the prices of sutures and endomechanical medical devices, because it did not purchase the products directly from J&J, an appeals court ruled on Wednesday.

The ruling still allows the hospital to seek injunctive relief under federal law and damages under state laws that allow indirect purchasers to bring antitrust claims.

Bamberg County Memorial Hospital & Nursing Center sued Johnson & Johnson in 2005, alleging that...
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