A federal appeals court has rejected class certification for third-party payers who claim Eli Lilly misrepresented the drug Zyprexa's effectiveness and safety. The plaintiffs were seeking to recover damages from the drug manufacturer as a racketeering enterprise that forced them to pay excess prices. The 2nd Circuit ruled that the decision by Eastern District of New York Judge Jack B. Weinstein to certify the class was an abuse of discretion. It is not the first time the circuit has reversed Weinstein on these grounds.
September 13, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A federal appeals court has rejected class certification for third-party payers who claim Eli Lilly and Co. made misrepresentations about the effectiveness and safety of the drug Zyprexa.
The 2nd U.S. Circuit Court of Appeals reversed Eastern District of New York Judge Jack B. Weinstein, who in 2008 had certified a class of third-party payers, such as insurance providers, who claimed Lilly’s misrepresentations caused them to overpay for Zyprexa between June 20, 2001, to June 20, 2005.
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