1st Circ. Revives Consumer AWP Claims Against J&J

Law360, New York (September 28, 2009, 7:33 PM EDT) -- A federal appeals court has vacated the dismissal of a class of nationwide consumers’ claims that Johnson & Johnson and its units inflated the average wholesale prices of certain drugs and offered secret discounts and rebates to physicians.

The U.S. Court of Appeals for the First Circuit on Monday said the trial court needed to clarify the scope and explain the reasons for its 2007 judgment that tossed claims by one class of plaintiffs in the AWP multidistrict litigation. The appeals court added that it decided...
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