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…
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…