Humana Missed Mark On Market In Seizure Drug Suit

Law360 (March 11, 2020, 7:22 PM EDT) -- A California federal judge has cut antitrust claims from Humana's suit accusing Mallinckrodt of orchestrating an "outrageous" price-gouging scheme for a hormone gel after finding problems with how the insurer defined the market, but left racketeering and state law claims intact.

U.S. District Judge Dale S. Fischer issued an order Monday rejecting Mallinckrodt's efforts to duck claims under the Racketeer Influenced and Corrupt Organizations Act and state law. But the judge dismissed Humana's Sherman Act claims after finding the company hadn't properly defined the relevant market.

The judge said that while Humana alleges that Acthar is the only adrenocorticotropic hormone, or...

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