Drug Buyers Urge Class Cert. In Cephalon Off-Label Use Suit

Law360, Philadelphia (July 24, 2013, 4:38 PM EDT) -- Two entities that pay for employees' prescription drugs on Wednesday asked a Pennsylvania federal judge to certify a class of other purchasers in a suit alleging that drug manufacturer Cephalon Inc. illegally pushed off-label uses for its painkiller Actiq.

Attorney Steve Berman of Hagens Berman Sobol Shapiro LLP told U.S. District Court Chief Judge Petrese Tucker that, according to a recent First Circuit ruling, a demonstration that Pennsylvania-based Cephalon had engaged in an off-label marketing scheme for the drug was sufficient to certify the class....
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