IN RE NEURONTIN MARKETING AND SALES PRACTICES

No. 11-1806.

712 F.3d 60 (2013)

In re NEURONTIN MARKETING AND SALES PRACTICES LITIGATION. Harden Manufacturing Corporation, individually and on behalf of itself and all others similarly situated; ASEA/AFSCME Local 52 Health Benefits Trust; Louisiana Health Service Indemnity Company, d/b/a Blue Cross Blue Shield of Louisiana, Plaintiffs, Appellants, International Union of Operating Engineers, Local No. 68 Welfare Fund, on behalf of itself and all others similarly situated; Lorraine Kopa, on behalf of herself and all others similarly situated; Gerald Smith, on behalf of himself and all others similarly situated; Jeanne Ramsey, on behalf of herself and all others similarly situated; Carolyn Hollaway, on behalf of herself and all others similarly situated; Gary Varnam, on behalf of himself and all others similarly situated; Jan Frank Wityk, on behalf of herself and all others similarly situated, Plaintiffs, v. Pfizer, Inc.; Warner-Lambert Company LLC, Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 3, 2013.


Attorney(s) appearing for the Case

Thomas M. Greene , with whom Michael Tabb , Ilyas J. Rona , Ryan P. Morrison , and Greene LLP were on brief, for appellants.

John H. Beisner , with whom Mark S. Cheffo , Katherine A. Armstrong , and Skadden, Arps, Slate, Meagher & Flom LLP were on brief, for appellees.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.


LYNCH, Chief Judge.

This appeal by Harden Manufacturing Corporation and others (together, "Harden plaintiffs") is one of three that arose from multidistrict litigation ("MDL") concerning the off-label marketing of Neurontin, an anticonvulsant drug manufactured by Pfizer, Inc. Today we issue our decisions in Kaiser Foundation Health Plan, Inc. v. Pfizer, Inc. (Kaiser), 712 F.3d 21, Nos. 11-1904, 11-2096, 2013 WL 1320408 (1st...

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