Judge Guts State's 'Slash And Burn' Zyprexa Suit

Law360, New York (December 1, 2009, 6:05 PM EST) -- A federal judge has dismissed most of the state of Mississippi's lawsuit against Eli Lilly & Co. seeking to recover Medicaid payments it made for the company's antipsychotic drug Zyprexa, which Lilly allegedly marketed for off-label use while downplaying the drug's risks.

Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled Tuesday that all of Mississippi's theories of recovery against the drug company except one must be dismissed. The remaining theory of recovery — that Mississippi should be...
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