United States Second Circuit

In a putative class action against Eli Lilly, manufacturer of the drug Zyprexa, asserting a civil RICO violation predicated on mail fraud, conspiracy to violate RICO, violation of state consumer protection laws, common-law fraud, and unjust enrichment based on Lilly's alleged misrepresentations about Zyprexa's efficacy and safety, the certification of a class and denial of summary judgment are vacated where: 1) because plaintiffs' excess price theory was not susceptible to generalized proof with respect to either but-for or proximate causation, class certification based on this theory was an abuse of discretion; and 2) the district court did not consider individual claims under plaintiffs' quantity effect theory when it ruled on Lilly's motion for summary judgment.

Appellate Information

• Decided 09/10/2010
• Published 09/10/2010

Judges

• Gerald E. Lynch

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Samuel Issacharoff, Robert A. Long