9th Circ. Doubts Drugmakers' Bid To Revive Free Speech Suit

Law360 (September 14, 2020, 10:24 PM EDT) -- A Ninth Circuit panel appeared skeptical Monday of arguments by Bristol-Myers Squibb and Sanofi-Aventis that district courts can block the Hawaii attorney general's $8 billion consumer protection suit over ads for blood thinner Plavix, with each judge suggesting such an interference would run counter to the "Younger abstention" doctrine.

During a video conferencing hearing, the drugmakers' counsel, Anand Agneshwar of Arnold & Porter, told a three-judge panel that U.S. District Judge Jill Otake erred in concluding in March that the federal court can't interfere with the state's consumer protection lawsuit due to the Younger abstention doctrine, which establishes the principle that...

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