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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.”

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