LCD Cases May Give Drug Cos. Gold Ticket Out Of State Court

Law360, New York (May 9, 2013, 8:18 PM EDT) -- Drug companies could soon have a new way to remove state law claims brought by attorneys general to federal court — generally perceived to be more business-friendly than state court — if the Supreme Court rules in an LCD makers' antitrust brawl that such claims qualify as class actions.

Since the Class Action Fairness Act was enacted in 2005, defendant companies have pushed to remove certain cases brought by state attorneys general from state to federal courts. These cases, brought on behalf of state residents, rely...
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