3rd-Party Payor Class Nixed In Lilly Zyprexa Appeal

By Erin Fuchs

Law360, New York (September 10, 2010, 6:51 PM ET) -- A federal appeals court reversed an order Friday that granted class certification to a group of insurers, labor unions and pension funds that say they overpaid for the antipsychotic drug Zyprexa given that Eli Lilly & Co. didn't reveal the drug's adverse side effects.

A three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled that the plaintiffs had failed to demonstrate that Lilly's alleged misrepresentations regarding Zyprexa were the proximate cause of injuries to third-party payors.

“The TPP plaintiffs draw a chain...
To view the full article, take a free trial now.

Already a subscriber? Click here to login

You must correct or enter the following before you can submit this form:

All fields required

  5. Required

Only Law360 gives you:

Non-stop coverage of high-stakes litigation across 30 practices

Real-time tracking and reports on 10,000+ companies, firms and industries

Over 80,000 attorney profiles with neutral data collected from active lawsuits

Research tools to find cases, court documents, attorneys and companies

Customized feeds and alerts that can easily be shared with colleagues

In-depth expert analysis from high-profile attorneys at top firms

Access to our vault with over 75,000 original articles