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  • Hospital Wins Antitrust Litigation; No Award of Discovery Costs

Hospital Wins Antitrust Litigation; No Award of Discovery Costs

In December 29, 2009, the U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s dismissal of the antitrust claims asserted against a hospital by a cardiology group because the group failed to establish a proper relevant market as the necessary predicate. However, the Court also upheld the district court’s refusal to tax discovery-related copying expenses against the cardiology group, noting that district courts are not required to tax discovery-related expenses and a number of Eighth Circuit district courts have refused to do so. Nonprofits involved in antitrust litigation in federal court should be aware that they may not recover discovery-related expenses, even if they are victorious in the underlying litigation.

Abstract

In December 29, 2009, the U.S. Court of Appeals for the Eighth Circuit affirmed the lower court's dismissal of the antitrust claims asserted against a hospital by a cardiology group because the group failed to establish a proper relevant market as the necessary predicate.
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