Articles Posted in US Court of Appeals for the Fourth Circuit

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SawStop filed an antitrust suit against Table Saw Manufacturers, alleging that the Table Saw Manufacturers had colluded in contravention of antitrust laws to exclude its proprietary technology from the market. The Fourth Circuit affirmed the district court's grant of summary judgment to Table Saw Manufacturers based on statute of limitations grounds. The court held that the doctrine of fraudulent concealment was not applicable in this case; SawStop was on actual notice of its antitrust claim against the Table Saw Manufacturers; even if SawStop lacked actual notice of its antitrust claim, SawStop was on inquiry notice of that claim and SawStop failed to investigate its claim with the necessary diligence; and thus the district court did not err in granting summary judgment to the Table Saw Manufacturers. View "SD3 II, LLC v. Black & Decker" on Justia Law

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In 2017, Maryland enacted “An Act concerning Public Health – Essential Off-Patent or Generic Drugs – Price Gouging – Prohibition.” The Act, Md. Code, Health–General 2-802(a), prohibits manufacturers or wholesale distributors from “engag[ing] in price gouging in the sale of an essential off-patent or generic drug,” defines “price gouging” as “an unconscionable increase in the price of a prescription drug,” and “unconscionable increase” as “excessive and not justified by the cost of producing the drug or the cost of appropriate expansion of access to the drug to promote public health” that results in consumers having no meaningful choice about whether to purchase the drug at an excessive price due to the drug’s importance to their health and insufficient competition. The “essential” medications are “made available for sale in [Maryland]” and either appear on the Model List of Essential Medicines most recently adopted by the World Health Organization or are “designated . . . as an essential medicine due to [their] efficacy in treating a life-threatening health condition or a chronic health condition that substantially impairs an individual’s ability to engage in activities of daily living.” The Fourth Circuit reversed the dismissal of a “dormant commerce clause” challenge to the Act, finding that it directly regulates the price of transactions that occur outside Maryland. View "Association for Accessible Medicine v. Frosh" on Justia Law