Legal Opinion
In re Pharmaceutical Industry Average Wholesale Price Litigation
District Court, D. Massachusetts
Decided August 16, 2005No. CIV.A. No. 01-12257; MDL NO. 1456PublishedCited by 71 opinions
1Opinion of the Court
MEMORANDUM AND ORDER RE: MOTION FOR CLASS CERTIFICATION
SARIS, District Judge.
I. INTRODUCTION
In this proposed massive class action, thirteen plaintiffs claim that forty-two defendant pharmaceutical manufacturers fraudulently and grossly inflate the prices to consumers of many drugs by misstating the “Average Wholesale Prices” (“AWPs”) of their drugs in industry publications. These overstated AWPs allegedly cause beneficiaries of the Medicare Part B program, other consumer-patients, and third-party payors (“TPPs”), such as private health insurers, private health and welfare plans, and…
2Cases cited62 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Hanlon v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 1998
57 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- United States Ex Rel. Duxbury v. Ortho Biotech Products, L.P.Court of Appeals for the First Circuit · 2009
- In Re Pharm. Industry Average Wholesale Price Lit.Court of Appeals for the First Circuit · 2009
- In Re Intel Corp. Microprocessor Antitrust Lit.District Court, D. Delaware · 2007
- In Re Dynamic Random Access Memory (DRAM) Antitrust LitigationDistrict Court, N.D. California · 2007
- National Ass'n of Chain Drug Stores v. New England Carpenters Health Benefits FundCourt of Appeals for the First Circuit · 2009
66 more not listed; retrieve them via the Exa API.