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In re Flonase Antitrust Litigation

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 ...


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