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In re Flonase Antitrust Litigation

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


January 21, 2010

IN RE FLONASE ANTITRUST LITIGATION

The opinion of the court was delivered by: Anita B. Brody, J.

THIS DOCUMENT RELATES TO Indirect Purchasers

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 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.

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

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

* Defendant's motion to dismiss named plaintiff Painters' unjust enrichment claim under Wisconsin law is DENIED.

20100121

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