Legal Opinion
Montana v. Abbot Laboratories
District Court, D. Massachusetts
Decided June 11, 2003No. CIV.A. 02-12084-PBS, 02-12085-PBS, 02-12086-PBS, 03-10069-PBSPublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SARIS, District Judge.
INTRODUCTION
Plaintiffs Minnesota, Montana, and Nevada bring these actions against various pharmaceutical companies, alleging the companies violated state law by fraudulently misrepresenting prescription-drug prices. Defendants have removed the suits from state court on the ground that plaintiffs’ claims raise federal questions, because they turn on the meaning of “average wholesale price” in the federal Medicare statute, 42 U.S.C. § 1395u(o), or on the meaning of “best price” in Medicaid-rebate contracts between the federal government and each…
2Cases cited38 opinions
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
- Wisconsin Department of Corrections v. SchachtSupreme Court of the United States · 1998
33 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re Pharm. Industry Average Wholesale Price Lit.Court of Appeals for the First Circuit · 2009
- In re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2005
- In Re New England Mutual Life Insurance Co. Sales Practices LitigationDistrict Court, D. Massachusetts · 2004
- In Re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2006
- Apton v. Volkswagen Group of America, Inc.District Court, District of Columbia · 2017
23 more not listed; retrieve them via the Exa API.