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United Biologics, LLC, dba United Allergy Services v. Amerigroup Tennessee, Inc., dba Amerigroup Community Care, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-5153 · judgment October 10, 2025


4%
estimated cert probability
(petition-stage, structural)
GVR risk 0%

Roughly the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a Sixth Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

Petitioner United Allergy Services (“UAS”) partners with primary care physicians around the country to provide allergy testing and immunotherapy services. When UAS entered the market in 2009, it was an immediate success in large part because it met a massive unsatisfied demand. But a group of allergists and health insurers did not take kindly to that market disruption. Over the course of several years, respondents conspired with each other and with other insurance companies to oust petitioner from the market by coercing UAS’s customers to cut ties with UAS. The Sixth Circuit acknowledged that UAS was the target of a scheme by market incumbents to drive it from the market. Yet the court nonetheless held that Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), barred UAS from seeking lost-profit damages because UAS’s customers were more immediate victims. As Judge Bush recognized, that decision squarely conflicts with decisions from other circuits limiting Illinois Brick to cases where multiple plaintiffs seek to recover a single overcharge. In those circuits, Illinois Brick has no application where the actual and intended victim of a group boycott seeks to recover lost-profit damages. The question presented is: Whether Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), bars the intended and actual target of a group boycott from recovering lost-profit damages when market incumbents band together to coerce the target’s customers to stop doing business with the target.

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
Jessica Lynn Ellsworth
Hogan Lovells Cadwalader US, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
25A1084

Proceedings

  1. Sep 02 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Sep 02 2026
    Reply of United Biologics, L.L.C., doing business as United Allergy Services submitted.
  3. Aug 17 2026
    Brief of respondents Amerigroup Tennessee, Inc., et al. in opposition filed.
  4. Jul 08 2026
    Motion to extend the time to file a response is granted and the time is extended to and including August 17, 2026.
  5. Jul 06 2026
    Motion to extend the time to file a response from July 16, 2026 to August 17, 2026, submitted to The Clerk.
  6. Jun 12 2026
    Petition for a writ of certiorari filed. (Response due July 16, 2026)
  7. May 01 2026
    Application (25A1084) granted by Justice Kavanaugh extending the time to file until June 12, 2026.
  8. Apr 29 2026
    Application (25A1084) to extend further the time from May 13, 2026 to June 12, 2026, submitted to Justice Kavanaugh.
  9. Apr 07 2026
    Application (25A1084) granted by Justice Kavanaugh extending the time to file until May 13, 2026.
  10. Apr 01 2026
    Application (25A1084) to extend the time to file a petition for a writ of certiorari from April 13, 2026 to May 13, 2026, submitted to Justice Kavanaugh.