Legal Opinion

In Re Pharmaceutical Industry Average Wholesale Price Litigation

District Court, D. Massachusetts

Decided November 2, 2006No. M.D.L. No. 1456. Civil Action No. 01-12257-PBSPublishedCited by 23 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SARIS, District Judge.

THIS DOCUMENT RELATES TO: ALL ACTIONS REGARDING CLASS ONE AND TWO OF TRACK ONE.

I. INTRODUCTION

Plaintiffs bring this consumer and third-party payor class action against forty-two pharmaceutical defendants, alleging that they fraudulently inflate the average wholesale price (“AWP”) of drugs paid by Medicare beneficiaries and third-party payors in violation of state consumer protection statutes. In the first phase of this litigation involving four defendants, the parties have filed cross-motions for summary judgment on the meaning of the term AWP in the…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Barbour v. Dynamics Research Corp.Court of Appeals for the First Circuit · 1995
  4. Ralph Rogers v. Michael FairCourt of Appeals for the First Circuit · 1990
  5. Stewart v. Dutra Construction Co.Supreme Court of the United States · 2005

10 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. In Re Pharm. Industry Average Wholesale Price Lit.Court of Appeals for the First Circuit · 2009
  2. In Re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2007
  3. In re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2008
  4. In Re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2007
  5. United States v. Actavis Mid Atlantic LLCDistrict Court, D. Massachusetts · 2009

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