Patterson Belknap Webb & Tyler
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Judge denies class action status for insurer’s suit against AbbVie, others over testosterone drugs
A Chicago federal judge has barred an Ohio health insurer from pursuing a class action against several pharmaceutical companies, which are already embroiled in massive litigation over their testosterone drugs, saying the thousands of potential claims would be too individualized to be served well by a class action and the insurer’s drug review practices were “unconventional.” -
Appeals court says union benefits plans can't sue Abbott Labs for overreaching promotion of Depakote
A federal appeals panel has upheld the dismissal of a suit, which alleged a Chicago-area drug maker cost union benefit plans money by pushing doctors to prescribe Depakote to union members for non-FDA approved uses. The judges ruled the union plans are too far removed from the drug maker's actions to stake a claim. -
Judge tosses insurers' RICO class action vs testosterone drug makers, saying not specific enough
A federal judge has tossed, with leave to amend, the bulk of a federal racketeering and fraud class action brought by an Ohio-based health insurer against Abbvie and other makers of testosterone drugs, saying the insurer has not yet backed up with enough particularity its allegations the drugmakers invented the condition known as “low T,” and, through false marketing to doctors, patients and insurers alike, induced insurers and others to pay far more for the drugs to treat the condition.