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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/seccontract0189 and id is 1 raw text is: 





                                 CONTRACTS 2D



Generally

E.D.Pa.2019.  Cit. generally in case cit. in sup. Retailers that purchased biologic infliximab drugs from
wholesalers, as assignees of wholesalers' rights under agreements with distributor that was drug
manufacturers' subsidiary, sued manufacturers, alleging that manufacturers violated federal antitrust
laws through a scheme to exclude competition, maintain a monopoly over, and artificially inflate prices
for the drugs. This court granted summary judgment for manufacturers, holding that retailers lacked
standing under New  Jersey law, because wholesalers' purported assignment of their rights to retailers
was void pursuant to an anti-assignment provision in their agreements with distributor. The court noted
that it was undisputed that New Jersey law applied to the anti-assignment provisions and that New
Jersey generally followed the Restatement Second of Contracts. Walgreen Co. v. Johnson & Johnson,
375 F.Supp.3d 616, 622.



                              CHAPTER 1. MEANING OF TERMS

§ 1. Contract Defined

Ct.Fed.Cl.2019. Cit. in sup. Lessor submitted a claim for unpaid costs for asbestos abatement against
the United States, alleging that, under the terms of a lease agreement between the U.S. Postal Service
and plaintiff's predecessor-in-interest, defendant was obligated to pay for removal of asbestos tiles it had
agreed to install under the previous lease. This court granted defendant's motion to dismiss, holding,
inter alia, that plaintiff failed to state a claim for breach of contract. The court agreed with defendant's
observation that, under Restatement Second of Contracts §§ 1, 2, 17, and 18, the agreement to install the
tiles was not an event constituting an act within the meaning of the lease, because contract formation
was axiomatically distinct from contract performance. Jarurn Investors, LLC v. United States, 144
Fed.Cl. 255, 260.

Ct.Fed.Cl.2019. Rptr's Note to com. (f) quot. in ftn. Health insurer sued the United States, alleging,
among  other things, that the government breached an implied-in-fact contract when it ceased making
cost-sharing reduction payments that it and other insurers were entitled to receive under the Affordable
Care Act. This court granted summary judgment for insurer. In making its decision, the court declined to
resolve insurer's contention that it had entered into bilateral contracts with the government, noting that,
while Restatement of Contracts § 12 explained the difference between unilateral and bilateral contracts,
Restatement Second  of Contracts § 1 abandoned that terminology on the ground that the utility of the
distinction was doubtful. Maine Community Health Options v. United States, 143 Fed.Cl. 381, 400.

Ct.Fed.Cl.2019. Com.  (f) quot. in ftn. Health insurer brought a lawsuit against the United States,
alleging, among other things, that defendant violated statutory mandates and breached the parties'
contract by making cost-sharing reduction payments to plaintiff under the Affordable Care Act. This
court granted plaintiff's motion for summary judgment, holding, inter alia, that defendant breached an
implied-in-fact contract. The court observed that plaintiff had argued that, under Restatement of
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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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