Legal Opinion

In Re Avandia Marketing, Sales Practices & Product Liability Litigation

Court of Appeals for the Third Circuit

Decided October 26, 2015No. 14-1948PublishedCited by 50 opinions

1Opinion of the Court

OPINION

ROTH, Circuit Judge:

This interlocutory appeal involves claims brought against GlaxoSmithKline LLC (GSK) by third-party payors (TPPs), based on GSK’s alleged misrepresentation and concealment of the significant safety risks associated with use of Avandia, Avandam-et, and Avandaryl (collectively, Avandia), Type II diabetes drugs. GSK argues that the District Court erred in finding that the TPPs adequately alleged the elements of standing under the Racketeer Influenced and Corrupt Organizations Act (RICO). 1 We agree with the District Court’s analysis, finding standing, and therefore we…

2Cases cited14 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  3. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  4. Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
  5. Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992

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3Cited by50 opinions

  1. In re: Avandia Marketing v.Court of Appeals for the Third Circuit · 2019
  2. Pat District Council 82 v. Takeda Pharmaceuticals CompanyCourt of Appeals for the Ninth Circuit · 2019
  3. Lifewatch Services Inc v. Highmark IncCourt of Appeals for the Third Circuit · 2018
  4. St Lukes Health Network Inc v. Lancaster General HospitalCourt of Appeals for the Third Circuit · 2020
  5. In re EpipenDistrict Court, D. Kansas · 2018

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