Carter Arnett Obtains Jury Verdict in Defense of $224 Million Claim against Non-profit


The Plaintiffs, United Biologics LLC d/b/a United Allergy Services (“UAS”) and the Academy of Allergy and Asthma in Primacy Care (“AAAPC”), an organization that purports to represent primary care physicians who provide allergy testing and immunotherapy, brought suit against several Board Certified Allergists’ trade associations and their leadership alleging that they conspired in violation of federal antitrust laws to put UAS out of business. Phadia/ThermoFisher Scientific Inc., Mothers and Winders were added to the suit in 2015.  All other defendants settled before the trial.  At the close of the evidence, the jury unanimously found that Mothers and Winders did not conspire with the allergists or Phadia in violation of federal antitrust laws as alleged, did not interfere with UAS or AAAPC’s business relations, and further found that Mothers and Winders acted solely to petition the government to protect patients in accordance with their First Amendment rights.  The trial team consisted of E. Leon Carter, Linda Stahl, Courtney Barksdale Perez, Joshua J. Bennett and Stacey C. Hernandez of Carter Arnett, a Dallas-based litigation boutique, and David Prichard of Prichard Hawkins Young based in San Antonio.

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