United States First Circuit

District court's judgment of liability for unfair and deceptive business practices in violation of Massachusetts General Laws Chapter 93A against the pharmaceutical-defendant is affirmed as evidence supported a finding that defendant unfairly and deceptively published an artificial average wholesale price for a prostate cancer drug that gave no indication of the actual, substantial discounts and rebates it was providing in the market. Accordingly, the district court made the rulings without committing material legal error, abusing its discretionary power, or making clear errors in its fact finding.

Appellate Information

• Decided 09/23/2009
• Published 09/23/2009

Judges

• HOWARD, Circuit Judge., Before HOWARD, Circuit Judge, ZOBEL and LISI, District Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark E. Haddad, with whom Nitin Reddy, Carter G. Phillips, Sidley Austin LLP, D. Scott Wise, Michael S. Flynn, Kimberley D. Harris, Davis Polk & Wardwell, Donald R. Ware, Sarah Cooleybeck and Foley Hoag LLP, were on brief for appellant., Steve W. Berman, with whom Sean R. Matt, Hagens Berman Sobol Shapiro LLP, Jeffrey Kodroff, John A. Macoretta, Spector, Roseman & Kodroff, P.C., Marc H. Edelson, Hoffman & Edelson, Thomas M. Sobol, Edward Notargiacomo, Hagens Berman Sobol Shapiro LLP, Kenneth A. Wexler, Jennifer Fountain Connolly and Wexler Toriseva Wallace LLP, were on brief for appellants.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Michael J. Sullivan, United States Attorney, Michael S. Raab and Eric Fleisig-Greene, Attorneys, Appellate Staff, Civil Division, United States Department of Justice, on brief for amicus curiae United States in partial support of appellees and in partial support of affirmance.