Peter D. St. Phillip, Jr., Esq. , Lowey, Dannenberg, Cohen & Hart, White Plains, NY, for Amicus Appellees Aetna Inc, Louisiana Health Service Indemnity Co., Premera Blue Cross, Caring for Montanans Inc, Blue Cross & Blue Shield of Minnesota, CareFirst of Maryland Inc., Cambia Health Solutions, Highmark Inc., Emblem-Health Services Co., LLC, Group Health Cooperative, Blue Cross & Blue Shield of Rhode Island, Noridian Mutual Insurance Co., Health Net Inc., Government Employees Health Association, Blue Cross & Blue Shield of Florida, Blue Cross & Blue Shield of North Carolina, Wellpoint Inc., Blue Cross & Blue Shield of South Carolina, Blue Cross & Blue Shield of Massachusetts and AvMed Health Plans.
Robert N. Weiner, Esq. Arnold & Porter, Washington, DC, for Amicus Appellee Pharmaceuticals Research and Manufacturers of America.
Before: AMBRO, SCIRICA and ROTH, Circuit Judges.
OPINION
ROTH, Circuit Judge.
This interlocutory appeal involves claims brought against GlaxoSmithKline LLC (GSK) by third-party payors (TPPs), based on GSK's alleged misrepresentation and concealment of the significant safety risks associated with use of Avandia, Avandamet, and Avandaryl (collectively, Avandia), Type II diabetes drugs...
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