Cephalon Loses Bid For Quick Win In Marketing Suit

Law360, New York (March 28, 2011, 7:50 PM EDT) -- Cephalon Inc. lost a summary judgment bid Wednesday in a Pennsylvania class action claiming the company marketed the cancer pain management drug Actiq for off-label uses and caused third-party payors to pay hundreds of millions of dollars more for prescriptions.

Judge Petrese B. Tucker’s 25-page opinion, filed in the U.S. District Court for the Eastern District of Pennsylvania, denied Cephalon’s motion for summary judgment on the remaining state law and unjust enrichment claims of lead plaintiffs Indiana Carpenters Welfare Fund and the Pennsylvania Turnpike Commission....
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