Drugmakers Tell 7th Circ. Insurer's Testosterone Suit Flawed

Law360 (July 18, 2019, 1:31 PM EDT) -- A group of pharmaceutical companies is urging the Seventh Circuit not to revive a suit by Medical Mutual of Ohio that accused them of running a conspiracy to hide the harmful effects of testosterone supplements, saying the insurer never showed how it relied on their alleged misrepresentations.

In an 85-page brief filed Wednesday, AbbVie Inc., Eli Lilly and Co., Endo Pharmaceuticals Inc., Actavis Inc. and Auxilium Pharmaceuticals Inc. told the Seventh Circuit that based on the decision in Sidney Hillman Health Center of Rochester v. Abbott Labs, the racketeering case only holds water if the companies made direct representations to the...

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