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PAINTERS AND ALLIED TRADES DIST. v. TAKEDA PHARMA.

No. 18-55588.

943 F.3d 1243 (2019)

PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 82 HEALTH CARE FUND, third-party healthcare payor fund; Annie M. Snyder, a California consumer; Rickey D. Rose, a Missouri consumer; John Cardarelli, a New Jersey consumer; Marlyon K. Buckner, a Florida consumer; Sylvie Bigord, a Massachusetts consumer, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. TAKEDA PHARMACEUTICALS COMPANY LIMITED, a Japanese Corporation; Takeda Pharmaceuticals U.S.A., fka Takeda Pharmaceuticals North America, Inc., an Illinois corporation; Eli Lilly and Company, an Indiana corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2019.

Attorney(s) appearing for the Case

R. Brent Wisner (argued) and Michael L. Baum , Baum Hedlund Aristei & Goldman PC, Los Angeles, California; Christopher L. Coffin and Nicholas R. Rockforte , Pendley Baudin & Coffin LLP, New Orleans, Louisiana; for Plaintiffs-Appellants.

Jonathan S. Franklin (argued), Norton Rose Fulbright US LLP, Washington, D.C.; Darryl W. Anderson and Geraldine W. Young , Norton Rose Fulbright LLP, Houston, Texas; for Defendants-Appellees Takeda Pharmaceuticals Company Limited and Takeda Pharmaceuticals U.S.A.

Randall L. Christian (argued) and Susan E. Burnett , Bowman and Brooke LLP, Austin, Texas, for Defendant-Appellee Eli Lilly and Co.

Before: Carlos T. Bea, Jacqueline H. Nguyen, and Paul J. Watford, Circuit Judges.

OPINION

Today we confront an issue of first impression in our circuit, and one that has caused an apparent circuit split among four of our sister circuits: In civil actions brought under the Racketeer Influenced and Corrupt Organizations Act ("RICO") against pharmaceutical...

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