City of New York v. Abbott Laboratories

AMENDED MEMORANDUM *195AND ORDER1

SARIS, District Judge.

I. INTRODUCTION

New York City and forty-two New York counties have brought suit against numerous pharmaceutical manufacturers and subsidiaries alleging Medicaid fraud in violation of the federal Best Prices Statute, 42 U.S.C. § 1396r-8, and state law, including alleged violations of New York’s false claims act statute, N.Y. Soc. Serv. Law § 145-b, New York’s consumer protection statute, N.Y. Gen. Bus. Law § 349, and common law fraud. The Plaintiffs’ expert has calculated spreads between the Defendants’ published Wholesale Acquisition Costs…