Sunday, September 19, 2010
Zyprexia Class Action Nixed by 2d Circuit
The Second Circuit has reversed Judge Weinstein's certification of a RICO class action brought by third party payors against Eli Lilly for excessive pricing of the drug Zyprexia. Essentially the class action was felled on the issue of causation requiring individualized proof rather than generalized proof of causation (i.e. that the defendant's misrepresentations caused plaintiffs to pay a higher price for the drug than they otherwise would have) according to the circuit court.
You can find the opinion here. You can find the defense side take from the folks over at Drug and Device Law Blog here.ADL (h/t Torts Prof Blog).