Legal Opinion
In Re Pharmaceutical Industry Average Wholesale Price Litigation
District Court, D. Massachusetts
Decided October 24, 2006No. 1:06-cv-11069PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SARIS, District Judge.
I. INTRODUCTION
The State of Arizona brought this action in its own capacity and as parens patriae on behalf of Medicare beneficiaries, third-party payors, and other state residents in state court against various pharmaceutical companies, alleging that they violated state law by fraudulently misrepresenting prescription drug prices. Defendants removed the suit on the ground that plaintiff bases its claims on a specific interpretation of the term “average wholesale price” in the federal Medicare statute, 42 U.S.C. § 1395u(o). Arguing that there is no…
2Cases cited16 opinions
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- 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
- Empire Healthchoice Assurance, Inc. v. McVeighSupreme Court of the United States · 2006
- Danca v. Private Health Care Systems, Inc.Court of Appeals for the First Circuit · 1999
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- MHA LLC v. HealthFirst, Inc.Court of Appeals for the Third Circuit · 2015
- Pennsylvania v. Eli Lilly & Company, Inc.District Court, E.D. Pennsylvania · 2007
- Hawaii v. Abbott Laboratories, Inc.District Court, D. Hawaii · 2006
- West Virginia Ex Rel. McGraw v. Eli Lilly & Co.District Court, E.D. New York · 2007
- Oregon ex rel. Kroger v. Johnson & JohnsonDistrict Court, D. Oregon · 2011
2 more not listed; retrieve them via the Exa API.