US Wants Dey's AWP Evidence Against It Tossed

Law360, New York (June 11, 2010, 4:30 PM EDT) -- The U.S. has asked to exclude certain evidence relating to the government's alleged knowledge that pharmaceutical average wholesale prices may have exceeded market prices in AWP multidistrict litigation, claiming the information is not pertinent.

The evidence of “government knowledge” is irrelevant to any element or defense under the False Claims Act, the U.S. said in the MDL member case against Dey Inc. in the U.S. District Court for the District of Massachusetts on Thursday.

The specific evidence the government wants excluded includes testimony of various government...
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