Antitrust Law: American Medical Response v. The County of San Bernardino et. al.
Update On April 19th, the complaint and petition was dismissed without leave to amend. The judge decided, that the county was not in violation of the Sherman Act stating "in creating the state-action immunity doctrine, the Supreme Court made clear the Sherman Act was not intended to reach the activities of state governments," citing Llewellyn v. Crothers, 765 F.2d 769, 774 (9th Cir. 1985). The judge in regards to dismissal without leave to amend wrote, "A claim is futile, and the court may dismiss without leave to amend,“if it determines that ‘allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency,’ or if the [party] had several opportunities to amend its [pleading] and repeatedly failed to cure deficiencies.” Telesaurus VPC, LLC v. Power , 623 F.3d 998, 1003 (9th Cir. 2010). Case Summary American Medical Response is suing the board in federal court. This is three months after the San Bernardino County Board of Supervi