Legal Opinion
In Re Avandia Marketing, Sales Practices & Products Liability Litigation
Court of Appeals for the Third Circuit
Decided June 28, 2012No. 11-2664PublishedCited by 75 opinions
1Opinion of the Court
OPINION
GREENAWAY, JR., Circuit Judge.
Plaintiff Humana Medical Plan, Inc. and Humana Insurance Company (collectively, “Humana”) brought suit against GlaxoSmithKline, L.L.C. and GlaxoSmithKline pic (collectively, “Glaxo”) alleging that Glaxo was obligated to reimburse Humana for expenses Humana had incurred treating its insureds’ injuries resulting from Glaxo’s drug, Avandia. Humana runs a Medicare Advantage plan. Its complaint asserts that, pursuant to the Medicare Act, Glaxo is in this instance a “primary payer” obligated to reimburse Humana as a “secondary payer.” The District Court…
2Cases cited20 opinions
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- Cort v. AshSupreme Court of the United States · 1975
- Alexander v. SandovalSupreme Court of the United States · 2001
- McTernan v. City of York, Penn.Court of Appeals for the Third Circuit · 2009
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3Cited by75 opinions
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- Commonwealth v. UPMC, Appeal of: UPMCSupreme Court of Pennsylvania · 2015
- Majestic Star Casino, LLC v. Barden Development, Inc.Court of Appeals for the Third Circuit · 2013
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