Colorado v. Warner Chilcott Holdings, No. 05-2182 (CKK), Magistrate Memorandum Order (D.D.C. May 8, 2007).

Thirty-five states brought an antitrust case against two pharmaceutical companies, alleging that the companies had conspired to prevent the marketing of a generic version of a contraceptive, Ovcon 35. Defendants sought discovery from the plaintiff states, through their Attorneys General, concerning purchases of oral contraceptives by state Medicaid agencies. The Plaintiff states argued that the…

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United States et al. v. American Express Co., No. 10-CV-04496 (S.D.N.Y. July 29, 2011)

After the U.S. Department of Justice and a number of states sued American Express, alleging anticompetitive acts, Amex sought party discovery from a wide variety of state agencies. The states objected, arguing that 1) state agencies are not plaintiffs for purposes of discovery, since the states are not seeking damages; and 2) the states do…

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