Defendants moved to dismiss plaintiff's antitrust action, which asserted defendants removed a branded drug from normal distribution channels and refused to deal samples of the drug to plaintiff, for lack of constitutional standing and the court stayed the motion for 90 days to allow discovery limited to the issue of article III standing. Motion stayed.

Defective Medical Device Suit Remanded; 'Gunn-Grable' Elements Not Satisfied

District court properly concluded that the FTC's vague allegations that pharmaceutical company would engage in anticompetitive and meritless petitioning to preserve its monopoly profitsbrought five years after the alleged misconduct ceased failed to plausibly suggest that company was "about to violate" any law enforced by the FTC and the FTC failed to state a claim under §13(b). Affirmed.

The state adequately alleged claims against manufacturers and distributors of opioids, but the court dismissed public nuisance, civil conspiracy and unjust enrichment claims.