Lilly, 3rd-Party Payor Class Argue Zyprexa Appeal

Law360, New York (December 8, 2009, 6:23 PM EST) -- An appellate attorney for Eli Lilly & Co. has tried convincing a panel of justices to reverse the class certification granted to a group of insurers, labor unions and pension funds that says it overpaid for the antipsychotic Zyprexa given that the company didn't reveal the drug's adverse side effects.

Allowing the decision to stand in favor of the third-party payors would be “essentially a revolution” in the realm of class action litigation, Robert A. Long of Covington & Burling LLP, co-counsel for Lilly, told the...
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