United States Second Circuit

In a class action brought by three health-benefit plans against defendant pharmaceutical company, alleging that defendant's failure to disclose health risks of the antibiotic Ketek violated the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. section 1961 et seq. and various state laws, the district court's denial of the motion for class certification and grant of summary judgment to defendants is affirmed where plaintiffs have failed to prove causation in their pharmaceutical fraud claim with generalized proof and offered no individualized proof.

Appellate Information

• Published 2015/11/13

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel