Ultimate Payor State Upholds Claims in MDL Generic Drug Pricing

By Craig Clough (May 10, 2022, 11:18 p.m. EDT) — A federal court in Pennsylvania on Tuesday rejected a dismissal offer from pharmaceutical companies in a sprawling multidistrict litigation over alleged generic drug price-fixing, refusing to dismiss some end-payer state claims while rejecting arguments that the intervening authority should cause the claims to be set aside.

U.S. District Judge Cynthia M. Rufe, in a memorandum, denied a joint motion by drug company defendants in lawsuits involving the drugs clobetasol, clomipramine and pravastatin, refusing to dismiss consumer protection claims under the laws from Alaska, New Jersey, Florida and Massachusetts.

The judge also declined to dismiss claims for unjust enrichment under the laws of 40 states and territories…

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