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Calif. Supreme Court To Consider 'Pass-On' Defense

Law360 (November 21, 2008, 12:00 AM EST) -- California's highest court has agreed to hear an appeal from a group of pharmacies seeking to overturn an appellate court's decision that some of the world's largest drug manufacturers could use the "pass-on defense" to escape liability over allegations that the companies conspired to keep lower-priced Canadian drugs off the U.S. market.

The Supreme Court of California granted the plaintiffs' petition for review Wednesday and will consider whether the drug companies — including Pfizer Inc., Wyeth and Merck & Co. — can argue that the pharmacies...
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