IBEW - NECA LOCAL 505 HEALTH & WELFARE PLAN v. SMITHKLINE BEECHAM CORPORATION

Filing 83

ORDER of MEMORANDUM AND/OR OPINION (DOC. #82) that DEFENDANT'S MOTION TO DISMISS (DOC. #61) IS GRANTED IN PART AND DENIED IN PART.... SIGNED BY HONORABLE ANITA B. BRODY ON 1/21/2010. 1/21/2010 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : : : : : : : : : :

IN RE FLONASE ANTITRUST LITIGATION

CIVIL ACTION

THIS DOCUMENT RELATES TO Indirect Purchasers

NO. 08-CV-3301

ORDER AND NOW, this __21st__ day of January, 2010, it is ORDERED: · Defendant's motion to dismiss named plaintiff Painters' monopolization claim under Arizona law is DENIED. · Defendant's motion to dismiss named plaintiff Painters' monopolization claim under Iowa law is DENIED. · Defendant's motion to dismiss named plaintiff IABORI's monopolization claim under North Carolina law is DENIED. · Defendant's motion to dismiss named plaintiff Painters' monopolization claim under Wisconsin law is DENIED. · Defendant's motion to dismiss named plaintiff Painters' unfair and deceptive trade practices claim under Arizona law is GRANTED without prejudice. Plaintiffs may submit

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a Third Amended Complaint containing appropriate allegations on or before February 1, 2010. · Defendant's motion to dismiss named plaintiffs AFL, IBEW and Sheet Metal's unfair and deceptive trade practice claims under Florida law is DENIED. · Defendant's motion to dismiss named plaintiff Painters' unfair and deceptive trade practices claim under Illinois law is GRANTED. · Defendant's motion to dismiss named plaintiff Painters' unfair and deceptive trade practices claim under Iowa law is GRANTED. · Defendant's motion to dismiss named plaintiff Kehoe's unfair and deceptive trade practices claim under Massachusetts law is GRANTED without prejudice. Plaintiffs may file a Third Amended Complaint that meets the demand requirements of Massachusetts General Law Chapter 93A on or before February 1, 2010. · Defendant's motion to dismiss named plaintiff IABORI's unfair and deceptive trade practices claim under North Carolina law is DENIED. · Defendant's motion to dismiss named plaintiff Painters' unjust enrichment claim under Arizona law is DENIED. · Defendant's motion to dismiss named plaintiffs AFL, IBEW, and Sheet Metal's unjust enrichment claims under Florida law is GRANTED. · Defendant's motion to dismiss named plaintiff Painters' unjust enrichment claim under Illinois law is GRANTED. · Defendant's motion to dismiss named plaintiff Painters' unjust enrichment claim under Iowa law is DENIED. 2

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Defendant's motion to dismiss named plaintiff Kehoe's unjust enrichment claim under Massachusetts law is DENIED.

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Defendant's motion to dismiss named plaintiff IABORI's unjust enrichment claim under North Carolina law is GRANTED.

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Defendant's motion to dismiss named plaintiff Painters' unjust enrichment claim under Wisconsin law is DENIED. s/Anita B. Brody __________________________ ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to:

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