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United States Court of Appeals for the Ninth Circuit - 515 F.3d 883
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The court has made several changes to a case involving attempted monopolization, price discrimination, tortious interference, and tying claims. The jury's verdict in favor of McKenzie on the attempted monopolization and tortious interference claims has been overturned, as well as the district court's summary judgment in favor of PeaceHealth on the tying claim. The court has also vacated the district court's award of attorneys' fees, costs, and expenses. A question on Oregon price discrimination law has been referred to the Oregon Supreme Court, and further proceedings have been postponed until the question is resolved. McKenzie's claim of primary-line price discrimination under Oregon state law has been upheld, but the validity of that verdict depends on an unsettled question of Oregon antitrust law, which has also been referred to the Oregon Supreme Court. The district court's award of attorneys' fees and costs to McKenzie has been overturned because McKenzie is no longer a prevailing party due to the overturned judgment on the attempted monopolization, price discrimination, and tortious interference claims. McKenzie may renew its request for attorneys' fees and costs if it prevails on remand. The determination of attorneys' fees, costs, and expenses for McKenzie's price discrimination claim is withheld pending resolution of the question referred to the Oregon Supreme Court. The judgment in favor of McKenzie has been overturned and sent back for further proceedings. The summary judgment in favor of PeaceHealth has also been overturned and sent back for further proceedings. The appeal has been dismissed as moot, and each party shall bear its own costs on appeal. The lower court erred in its judgment on the attempted monopolization, price discrimination, and tortious interference claims.
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