9th Circ. Revives Takeda Buyers' RICO Suit Over Actos Risk

Law360 (December 3, 2019, 10:02 PM EST) -- The Ninth Circuit ruled Tuesday that Takeda Pharmaceuticals Co. and Eli Lilly & Co. must face claims that they concealed links between bladder cancer and their diabetes drug Actos, saying the proposed class of patients and purchasers can seek damages because they sufficiently alleged the companies’ omissions harmed them.

A three-member panel said a lower court improperly tossed the patients' and health benefit fund’s Racketeer Influenced and Corrupt Organizations Act claims for lack of standing, finding weight in their argument that they would not have paid for the drug if its safety risks weren't misrepresented.

“Plaintiffs’ alleged injury is that they...

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