Legal Opinion

County of Suffolk v. Abbott Laboratories

District Court, D. Massachusetts

Decided September 30, 2004No. MDL 1456; No. CIV.A.01-12257-PBSPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

Defendants have moved to dismiss the Amended Complaint filed by the County of Suffolk in New York in this multi-district litigation involving allegations of fraud against various pharmaceutical companies.1 Suffolk alleges that Defendant pharmaceutical manufacturers have fraudulently inflated the published average wholesale prices (“AWP’s”) of their drugs, and that these fraudulent AWP’s have caused the State' to overpay retail pharmacists for Medicaid drugs. Because New York bills the County for twenty-five percent of the State’s…

2Cases cited34 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. Gonzaga University v. DoeSupreme Court of the United States · 2002
  3. Alexander v. SandovalSupreme Court of the United States · 2001
  4. Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992
  5. Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995

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3Cited by1 opinion

  1. In Re Pharm. Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2004

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