United States Third Circuit

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