United States First Circuit

Summary judgment for defendant on plaintiff's RICO and fraud claims alleging defendant's fraudulent marketing of off-label uses of its drug Neurontin, is: 1) reversed as to the RICO claim where plaintiff presented evidence of causation and damages sufficient to survive summary judgment; and 2) vacated as to the state law fraud claim, in light of the determination of the RICO claim.

Appellate Information

• Decided 04/03/2013
• Published 04/03/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel