United States First Circuit

In a class action lawsuit against pharmaceutical companies claiming that they unfairly and deceptively inflate drugs' average wholesale prices (AWPs), district court's judgment dismissing Class 1 plainitffs' claims is vacated and remanded as there is a lack of clear understanding of both the scope of the district court's judgment and the reasons for the judgment.

Appellate Information

• Decided 09/28/2009
• Published 09/28/2009

Judges

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

Court

• United States First Circuit

Counsel

• 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:
  
• Andrew D. Schau, with whom William F. Cavanaugh, Jr., Erik Haas, Adeel A. Mangi and Patterson Belknap Webb & Tyler LLP, were on brief, for appellees.