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STATE v. APOTEX CORP.

No. 20100257.

282 P.3d 66 (2012)

2012 UT 36

STATE of Utah, Plaintiff and Appellant, v. APOTEX CORPORATION, Baxter Healthcare Corporation, Boehringer Ingelheim Corporation, Mallinckrodt Inc., CSL Behring, Forest Laboratories, Inc., Morton Grove Pharmaceuticals, Inc., Mutual Pharmaceutical Company, Inc., Novartis Pharmaceuticals Corporation, Otsuka America, Inc., Pfizer, Inc., Qualitest Pharmaceuticals, Inc., Schering-Plough Corporation, Schwarz Pharma USA Holdings, Inc., Taro Pharmaceuticals USA, Inc., Upsher-Smith, Inc., and Wyeth, Inc., Defendants and Appellees.

Supreme Court of Utah.

June 19, 2012.

Attorney(s) appearing for the Case

Mark L. Shurtleff , Att'y Gen., Robert Steed , Asst. Att'y Gen., Roman Shaul , W. Daniel Dee Miles III , H. Clay Barnett III , J. Paul Lynn , Timothy Robert Fielder , Special Asst. Att'ys Gen., David C. Biggs , Joseph W. Steele , Salt Lake City, for plaintiff.

Mathew A. Steward , Robert D. Andersen , Salt Lake City, Frederick R. Ball , David I. Curkovic , Chicago, IL, for Morton Grove Pharmaceuticals, Inc.

George M. Haley , Stephen M. Sansom , Salt Lake City, John C. Dodds , Erica Smith-Klocek , Kathryn E. Potalivo , Scott A. Stempel , Philadelphia, PA, for Pfizer, Inc.

Chief Justice DURHAM, opinion of the Court:

INTRODUCTION

¶ 1 The State of Utah appeals the dismissal of its complaint against seventeen pharmaceutical companies, which the State alleges defrauded Utah's Medicaid program by reporting inflated drug prices. In its complaint, the State pursued two causes of action: violation of the Utah False Claims Act (UFCA) and fraudulent misrepresentation. After allowing the State to amend its complaint, the district court dismissed these claims with prejudice, based...

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