2012 Thomson Reuters. No Claim to Original US Government Works
Continental Orthopedic Appliances, Inc. v. Health Ins. Plan..., 40 F.Supp.2d 109 (1999) 1999-1 Trade Cases P 72,430 Complaint 40 F.Supp.2d 109 In order to dismiss an antitrust case, for failure United States District Court, to state claim, it must appear on the face of E.D. New York. the complaint that the plaintiff could prove no set of facts to sustain a recovery. Fed.Rules CONTINENTAL ORTHOPEDIC APPLIANCES, Civ.Proc.Rule 12(b)(6), 28 U.S.C.A. INC., New York Orthopedic, Stahl Surgical Supply Inc., United Orthopaedic Appliances, Inc., A–1 Surgical and Medical Supplies, Inc., 2 Antitrust and Trade Regulation Archfame, Inc., Ortho Surgical, J.C. Orthopedic Injury to Business or Property Co., Inc., Day Drug & Orthopedic Treatment In order to state claim of antitrust violation, Facility, Orthotic Consultants, Inc., James complaint need only allege sufficient facts to Case Enterprises, Inc., Certified Orthopedic, state elements of injury from act prohibited by Prothotic Labs, Elmont Pharmacy & Surgical, antitrust laws. Fed.Rules Civ.Proc.Rule 12(b)(6), 28 U.S.C.A. Foot Molds, Inc., and A Personal Touch Garment Corporation, on behalf of themselves and all others similarly situated, Plaintiffs, 3 Antitrust and Trade Regulation v. Complaint HEALTH INSURANCE PLAN OF GREATER NEW Standard that defendant is required to meet in YORK, INC., Advanced Orthopedic Technologies, order to obtain dismissal of antitrust complaint Inc., A wholly owned subsidiary of Novacare is more stringent than usual standard, as proof Prosthetics and Orthotics, Inc., Novacare Prosthetic is often in hands of alleged antitrust conspirators and Orthotics, Inc., and Arimed Orthotics, and complainant may need opportunity to Prosthetics, and Pedorthics Inc., Andrew H.
[Show full text]