Legal Opinion
In Re Pharmaceutical Industry Average Wholesale Price Litigation
District Court, D. Massachusetts
Decided May 13, 2003No. 1456, CIV.A. 01-12257-PBSPublishedCited by 51 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SARIS, District Judge.
I. INTRODUCTION
In this proposed class action, plaintiffs allege that numerous pharmaceutical companies fraudulently overstate the published “average wholesale price” (“AWP”) of many of their prescription drugs, which results in inflated payments for such drugs by beneficiaries of the federal Medicare Part B program (through beneficiary co-payments), private health and welfare plans, and other end-payors. 1
The Master Consolidated Complaint asserts claims under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C §§ 1964(c)…
2Cases cited69 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Warth v. SeldinSupreme Court of the United States · 1975
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Baker v. CarrSupreme Court of the United States · 1962
- Allen v. WrightSupreme Court of the United States · 1984
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3Cited by51 opinions
- Astra USA, Inc. v. Santa Clara CountySupreme Court of the United States · 2011
- In Re Pharm. Industry Average Wholesale Price Lit.Court of Appeals for the First Circuit · 2009
- In Re Lupron® Marketing & Sales Practices LitigationDistrict Court, D. Massachusetts · 2003
- In re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2005
- In re Relafen Antitrust LitigationDistrict Court, D. Massachusetts · 2004
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