In re Actiq Sales & Marketing Practices Litigation

MEMORANDUM OPINION

TUCKER, Chief Judge.

I. INTRODUCTION

Pennsylvania Turnpike Commission and Indiana Carpenters Welfare Fund (collectively, “Plaintiffs”) bring this putative class action suit alleging that off-label prescription payments made by Plaintiffs to Defendant Cephalon, Inc. (“Cephalon”) were excessive and constituted unjust enrichment. Plaintiffs are entities, called third party payors (“TPPs”), that are responsible for paying all or part of the costs of prescriptions for their members, employees, plan participants, beneficiaries, or insureds (“beneficiaries”). Ce-phalon is a Delaware…