PUBLISHABLE OPINIONS

1) ANTITRUST: Delaware Valley Surgical Supply Co. v. Johnson & Johnson, 08-55105 (9th Cir. April 30, 2008). This case arose from a disagreement between different plaintiffs over which had standing as a "direct purchaser" to bring a claim under federal anti-trust laws. One group of plaintiffs consisted of Delaware Valley Surgical Supply Company ("DVSS") and Niagara Falls Memorial Medical Center ("Niagara"); they bought medical supplies directly from Johnson & Johnson and its subsidiaries ("J&J"). Another plaintiff was Bamberg County Memorial Hospital & Nursing ("Bamberg"), a hospital that had a contract with J&J setting a list price for the purchase of medical supplies, but that ultimately purchased its J&J products through a separate contract with a third-party distributor. DVSS, Niagara, and Bamberg each brought independent antitrust claims against J&J. The district court consolidated the cases. Before reaching the merits of the underlying antitrust claims, it ruled that Bamberg lacked standing to assert its claim against J&J. The district court reasoned that because Bamberg bought its supply through a distributor and not from J&J, it was not a "direct purchaser." Bamberg and J&J both contested that decision through this interlocutory appeal. The USCA affirmed the order of the dis-trict court, agreeing that Bamberg lacked standing to pursue an antitrust claim under a direct purchaser theo