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· 11/30/1981

Portland Retail Druggists Association, Etc. v. Kaiser Foundation Health Plan

Citations

  • 662 F.2d 641
  • 1981 U.S. App. LEXIS 15662

How courts have described this case

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

  • stating that “[w]hen the district court looks outside the pleadings in evaluating a noticed Rule 12(b)(6) motion, the motion must be converted and treated as one for summary judgment under Rule 56.”
  • under Royal Drug, \spreading of risk\ is \essential for application of the McCarran-Ferguson defense\
  • under Royal Drug, “spreading of risk” is “essential for application of the McCarran-Ferguson defense”
  • “Implicit in the ‘opportunity to respond’ is the requirement that sufficient time be afforded for discovery necessary to develop ‘facts essential to justify [a party’s] motion.’”
  • “Implicit in the opportunity to respond is the requirement that sufficient time be afforded for 15 discovery necessary to develop facts essential to justify a party's opposition to the motion 16 [for summary judgment].”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibson, Sneed, Poole

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.