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WEST VIRGINIA EX REL. McGRAW v. ELI LILLY

No. 06-CV-5826.

476 F.Supp.2d 230 (2007)

State of WEST VIRGINIA ex rel. Darrell V. McGRAW, Jr., Attorney General, Plaintiff, v. ELI LILLY & COMPANY, Defendant.

United States District Court, E.D. New York.

March 6, 2007.

Attorney(s) appearing for the Case

Christiaan Augustus Marcum, H. Blair Hahn, Richardson, Patrick, Westbrook & Brickman, Mt. Pleasant, SC, Frances A. Hughes, Office of the Attorney General, State Capitol Complex, J. Jeaneen Legato, Troy N. Giatras, Charleston, WV, for Plaintiff.

Andrew R. Rogoff, Anthony Vale, Matthew J. Hamilton, Nina M. Gussack, Rachel B. Weil, Pepper Hamilton, LLP., Philadelphia, PA, Raymond S. Franks, Stephen P. Goodwin, Goodwin & Goodwin, Charleston, WV, Samuel J. Abate, Jr., McCarter & English, LLP, New York City, for Defendant.

MEMORANDUM, ORDER, & JUDGMENT

WEINSTEIN, Senior District Judge.

I. Introduction

Plaintiff filed this action in the Circuit Court of Mason County, West Virginia, on February 28, 2006, seeking injunctive relief, restitution, and other pecuniary relief for the cost of past and future medical care incurred by the state under various programs, including West Virginia's Medicaid program. The complaint asserts claims arising under...

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