Roxane Wants DOJ Sanctioned For Spoliation

Law360, New York (July 10, 2009, 12:00 AM EDT) -- The U.S. Department of Justice allegedly spoliated evidence in the average wholesale price antitrust litigation that could reduce Boehringer Ingelheim Roxane Inc.'s damages by up to $1 billion, the pharmaceutical company said in a motion for sanctions against the department.

Despite keeping a lawsuit against Roxane sealed for nearly seven years while it conducted its own discovery, the DOJ allegedly failed to ensure that critical evidence survived, the company said in a motion filed Thursday in the U.S. District Court for the District of Massachusetts. Roxane's...
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