J&J Wants Consumer Class Tossed From AWP Suit

Law360, New York (November 23, 2009, 7:33 PM EST) -- Johnson & Johnson has asked a federal court to toss a class of consumers from the average wholesale price litigation, saying the consumers weren't injured by the alleged fudging of drug price figures.

J&J, Centocor Inc. and Ortho Biotech Products LP filed motions for summary judgment against the “Class 1” consumers of the massive AWP multidistrict litigation on Monday in the U.S. District Court for the District of Massachusetts.

Class 1 comprises Medicare beneficiaries who made co-pays on drugs whose prices were allegedly inflated by a...
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