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· 9/24/2009

Pharmacy Benefit Managers Antitrust Litigation

Citations

  • 582 F.3d 432
  • 2009 WL 3030370

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the extraordinary circumstances in which “a court [is not prohibited] from revisiting its own decisions or one of a coordinate court[ are:] where (1) new evidence is available or (2) a supervening new law has been announced. . .[or, (3
  • stating courts should “be loathe to [reverse prior rulings] in the absence of extraordinary circumstances such as where the initial decision was clearly erroneous and would make a manifest injustice.”
  • vacating the order of a district court that cited portions of the Manual for Complex Litigation, analyzing the portions of the order, and concluding that the Manual references “clearly do[] not have the force of law and can not undermine [binding authority]”
  • vacating a district judge’s order vacating an earlier order where the district judge “did not rely on any of the recognized exceptions to the law of the case doctrine” and failed to “find any extraordinary circumstance that would have justified” vacating the earlier order
  • explaining PBMs negotiate discounts and rebates from drug makers
  • “[A] trial judge has the discretion to reconsider an issue and should exercise that discretion whenever it appears that a previous ruling, even if unambiguous, might lead to an unjust result.” (quoting Swietlowich v. Cty. of Bucks, 610 F.2d 1157, 1164 (3d Cir. 1979))

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee and Ambro, Circuit Judges, and Aldisert, Senior Circuit Judge

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.