Zyprexa Payors' Off-Label Suit Denied By High Court

Law360, New York (June 27, 2011, 5:16 PM EDT) -- The U.S. Supreme Court on Monday denied a request by a class of insurers, labor unions and pension funds that they be allowed to sue Eli Lilly & Co. over the company's alleged off-label and fraudulent marketing of its antipsychotic Zyprexa.

The group of plaintiffs sought to overturn a Second Circuit decision that effectively blocked them from pursuing claims against Eli Lilly related to its marketing of Zyprexa.

In a petition for a writ of certiorari filed March 25, the plaintiffs argued that private insurers should be able...
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