Cohen Milstein Price fixing, compliance, clean hands Internet, Internet

1st of Nov, 2011 by User989593

Dear Cohen Milstein, I write in connection with the above case, in which you purport to represent: All persons and entities [Hospitals] in the United States who purchased Blood Reagents directly from either Immucor, Inc. or Ortho-Clinic Diagnostics [a Johnson & Johnson subsidiary] at any time from September 01, 2000 through the present, excluding the federal and state governments, e.g. Your plaintiff is Mary Hitchock Memorial Hospital (Dartmouth- Hitchcock Medical Center). You desire to represent every private hospital that purchased blood, some or all of which was resold to consumers. Some of those consumers â€œblood pricesâ€ were paid for, in whole or part, by federal and state governments through government insurance programs. As explained in letter dated 10-31-11, you copied the federal governmentâ€™s (DOJ & FTC) work to file this case. In light of the many actions against hospitals for overcharging Americans, I was wondering whether you do or did any â€œdue diligenceâ€ to determine whether your big corporate client(s) â€œpasses onâ€ prices it pays to its clients in an overcharge case such as this? Itâ€™s a basic inquiry: simply finding out the price protocol employed by a client and identifying whether prices for an item where set pursuant to the covenant of â€œgood faith and fair dealingsâ€ or not! Lief Cabraiserâ€™s action against many hospitals for overcharging provides one blue print in this regard, which might be useful to both secure and maintain a lead plaintiffâ€™s â€œadequacyâ€ and â€œclean handsâ€ when suing another for â€œovercharging it.â€ Iâ€™ve supplemented Lief blue print with some short â€œhospital overchargeâ€ details from a personal experience, which you should find useful in this regard. See attached illustrations. I am happy to forward the whole file, again. I understand that you are operating under the Illinois Brick, but this information provides an un-ruled on angle. You may contact me should you have any questions. Your friend,

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