United States Third Circuit

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In re Schering Plough Corp., 10-3046

In consolidated putative class actions brought by third-party payors of drugs prescribed for off-label purposes and by individual patients against a drug company that conducted alleged illegal and false sales and marketing campaigns, the district court's dismissal of both actions for lack of standing is affirmed, where: 1) the third-party payor plaintiff did not establish that its alleged injury was fairly traceable to the defendant's alleged wrongful conduct; and 2) the individual plaintiff failed to adequately allege causation.

Appellate Information

  • Decided 05/16/2012
  • Published 05/16/2012

Judges

  • Vanaskie

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Donald E. Haviland, Jr., Gavin J. Rooney

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