Legal Opinion
Pennsylvania v. Tap Pharmaceutical Products, Inc.
District Court, E.D. Pennsylvania
Decided September 9, 2005No. 2:05-cv-03604PublishedCited by 19 opinions
1Opinion of the Court
OPINION
SANCHEZ, District Judge.
The Commonwealth of Pennsylvania is suing thirty-eight pharmaceutical companies, alleging price-setting fraud. The pharmaceutical companies would like to remove the case to federal court. Because I find the lawsuit sounds' solely in state law, I will grant the Commonwealth’s motion to remand.
In their unified notice of removal, the Defendants assert the Commonwealth’s lawsuit arises under federal law because recovery is predicated on the meaning of “average wholesale price,” a term, which until recently, governed reimbursement for certain prescription drugs under…
2Cases cited18 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Marilyn Goepel Ronald Goepel v. National Postal Mail Handlers Union, a Division of Liuna, D/B/A Mail Handlers Benefit PlanCourt of Appeals for the Third Circuit · 1994
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commonwealth Ex Rel. Pappert v. TAP Pharmaceutical Products, Inc.Commonwealth Court of Pennsylvania · 2005
- Hulley Enterprises Ltd. v. Russian FederationDistrict Court, District of Columbia · 2016
- Disher v. Citigroup Global Markets, Inc.District Court, S.D. Illinois · 2007
- Pennsylvania v. Eli Lilly & Company, Inc.District Court, E.D. Pennsylvania · 2007
- State of Wisconsin v. Abbott LaboratoriesDistrict Court, W.D. Wisconsin · 2005
14 more not listed; retrieve them via the Exa API.