08-3187 Volume Appendix15.pdf - Medical Supply Chain

this per se liability in the absence of any legal interest, solely to prevent mediating
or covering damages to lessen the judgment for breach of contract is actually
beyond belief and defies explanation. The conduct ould only happen in a
complete vacuum of civil enforcement, a condition nearly created in the national
market for hospital supplies by the respondent.
(c) the risk of undermining the public's confidence in the judicial process
The petitioner was the only remaining electronic marketplace for hospital
supplies that US Bancorp Piper Jaffray, Novation LL and GE did not effectively
buy or put out of business. Besides four consecutive years of hearings in the US
Senate Judiciary Committee, Sub-Committee on Antitrust, six articles in the New
York Times, a BBC television Channel 4 special and every major presidential
candidate calling for antitrust enforcement in healthcare it is difficult to imagine a
more serious set of circumstances that could create impending loss of public
confidence in the judicial process.
B. Relief
In Lauer v. Strang, 788 F.2d 135, 138 (8th Cir.1985), the Eighth Circuit
concluded that appellate review of judicial conduct obviated the need for
disciplinary action by the Judicial Council. The respondent has deliberately
communicated prejudicial information against the petitioner and contrary to
controlling law in his memorandum and orders despite the absence of any
discovery that twice resulted in the Tenth Circuit upholding the respondent
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08-3187 Medical Supply Chain vs. Neoforma Volume XV 5727