FEDERALDistrict Court, E.D. Pennsylvania
2010

Sheet Metal Workers Local 441 Health & Welfare Plan v. Glaxosmithkline, PLC

737 F. Supp. 2d 380District Court, E.D. Pennsylvania • Decided 2010Modified
Lien RightsCited 50 times

HOLDING

A federal court in Pennsylvania ruled that indirect purchasers of a pharmaceutical product (people who didn't buy directly but paid through insurance or reimbursement) can sue under state antitrust and consumer protection laws, even though federal law blocks such claims. The court allowed the case to proceed in states where the purchasers actually bought the product. This matters to subcontractors because it establishes that indirect purchasers have legal standing in state courts, which could apply to construction supply chain disputes.

KEY FINDINGS

Lien Rights

State antitrust and consumer protection laws can apply to indirect purchasers when federal law doesn't allow claims

FULL COURT OPINION