Drugmakers Can't Ax MDL's 'Overarching Conspiracy' Claims

Law360 (August 15, 2019, 9:56 PM EDT) -- A Pennsylvania federal judge refused on Thursday to throw out allegations in multidistrict litigation that Actavis, Teva, Mylan and other drugmakers engaged in a “broad overarching conspiracy” to fix generic-drug prices, saying the allegations are sufficiently pled and discovery is needed to determine if they’re true.

In a 36-page order, U.S. District Judge Cynthia M. Rufe said the multiple complaints filed in the MDL had alleged enough overlap and interdependence to plausibly conclude that the alleged collusion between pharmaceutical companies was not limited to a specific generic drug.

“The allegations in plaintiffs’ overarching complaints plausibly allege that defendants engaged in a conspiracy...

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