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PENNSYLVANIA EMPLOYEES BEN. TRUST v. ZENECA

No. 05-5340.

499 F.3d 239 (2007)

PENNSYLVANIA EMPLOYEES BENEFIT TRUST FUND on behalf of itself and all others similarly situated; Joseph Macken; Commissioner Linda A. Watters, Appellants v. ZENECA INC; AstraZeneca Pharmaceuticals LP.

United States Court of Appeals, Third Circuit.

Filed: August 17, 2007.

Attorney(s) appearing for the Case

Pamela S. Tikellis, A. Zachary Naylor, Chimicles & Tikellis, Wilmington, DE; Barbara J. Hart, Christopher McDonald, Labaton, Sucharow & Rudoff, New York, NY; Theodore M. Lieverman, Jeffrey L. Kodroff, Spector, Roseman & Kodroff, Philadelphia, PA; Steve W. Berman, Craig R. Spiegel (Argued), Hagens Berman Sobol Shapiro, Seattle, WA, Counsel for Appellants.

Jack B. Blumenfeld, Rudolph J. Scaggs, Jr., Lisa K. Whittaker, Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Mark E. Haddad (Argued), Sidley Austin, Los Angeles, CA, Counsel for Appellee.

Before: SMITH, COWEN, and SILER, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

The Pennsylvania Employees Benefit Trust Fund, Joseph Macken, and Linda Watters ("plaintiffs") sued Zeneca, Inc. and AstraZeneca Pharmaceuticals, L.P. (collectively referred to as "Zeneca") in the United States District Court for the District of Delaware, asserting that Zeneca engaged in deceptive conduct in the advertising of its new drug Nexium. Claim One alleged unlawful advertising under the Delaware Consumer...

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