New England Carpenters Health Benefits Fund v. First Databank, Inc.

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

In this proposed national class action, Plaintiffs allege that First DataBank, Inc. and McKesson Corporation engaged in a racketeering enterprise (the “Scheme”) to fraudulently state the “average wholesale price” (“AWP”) for numerous prescription pharmaceuticals beginning in late 2001, in violation of 18 U.S.C. § 1964 and California state law. The Scheme allegedly jacked up the AWP by five percent for over 400 brand-name, self-administered drugs sold through retail pharmacies, including mail order (the “Marked Up Drugs”). This allegedly…