Sergeants Benevolent Ass'n Health & Welfare Fund v. Louisiana

DEBRA ANN LIVINGSTON, Circuit Judge:

Plaintiffs-Appellants are three health-benefit plans (“HBPs”) that brought suit under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. (“RICO”), and various state laws, claiming that Defendants-Appellees sano-fi-aventis U.S. LLP and sanofi-aventis U.S., Inc. (collectively, “Aventis”) engaged in a pattern of mail fraud by failing to disclose the true risks of the antibiotic drug telithromycin, marketed as “Ketek.” Plaintiffs sought to certify a class of all HBPs that paid for Ketek prescriptions on the theory that such HBPs…