Skip to Main Content
Services Talent Knowledge
Site Search


June 1, 2022

Linda Clark Quoted in Media Coverage of Third Circuit Ruling

Linda Clark, Health Care Controversies Team leader, represents wholesale pharmaceutical distributors Oak Drugs Inc. and PriMed Pharmaceuticals LLC, who attempted to sue OptumRx (UnitedHealthcare’s pharmacy benefit manager) and the National Association of Boards of Pharmacies (NABP) for alleged federal due process violations stemming from their delayed industry accreditation, citing violations of the US Constitution. 

The US Court of Appeals for the Third Circuit dismissed the suit, finding that the defendants were not state actors and therefore couldn’t be sued under the federal civil rights law. However, three-judge panel in the Third Circuit revived a due process claim against NABP under New Jersey common law. 

“We were very pleased that the court recognized the common law due process cause of action that we assert under New Jersey law, that captures the essence of the problems our client faced,” Linda said in the Law360 article “3rd Circ. Won’t Revive Federal Claim on Pharma Accreditation.” She continued, “While we were disappointed that the Third Circuit did not recognize some of the other federally based causes of action, we’re confident that the surviving claims under New Jersey law will provide a complete remedy for the severe economic damages our clients have sustained.”

Click the links below to read more media coverage about this lawsuit:


Click here to sign up for alerts, blog posts, and firm news.

Featured Media


CPLR Article 52 Is Exclusive Vehicle to Challenge Use of Enforcement Procedures


HHS OCR Issues Guidance on the Use of Remote Communication Technologies for Audio-Only Telehealth Services


ADA Accessibility Lawsuits: Appellate Court Affirms Dismissal of Braille Gift Card Complaints


Subchapter Five Debt Limit Update: What Was Down Is Heading Back Up!


President Biden Uses Production Defense Act Authority to Suspend Tariffs on Solar Imports From China and Other Countries Amid Ongoing Commerce Probe


Unwitnessed Fall From Ladder Amounts to Mere Speculation of Liability Under Labor Law

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out