Big Federal Motions Hearing, In Boston — In Two Tuesdays — States’ Pricing, And Reimbursement Fraud Cases


We’ll report on this, at the end of the day, on Tuesday, November 30, 2010 — but as we are all tryptophan comatose from our Thanksgiving feasts, and various football fests, on that Tuesday morning, some 75 to 80 lawyers will be jammed in a federal District court room in Boston, to argue about “what’s next“, in several large, and ongoing, state reimbursement fraud cases (these clearly implicate New Merck’s interests, as successor to Warrick Pharmaceuticals, via Schering-Plough):

ELECTRONIC NOTICE RESCHEDULING HEARING ON MOTIONS

In Re: (6701 in 1:01-cv-12257-PBS)

. . . .MOTION to Remand / Joint Motion on Behalf of All Defendants For a Suggestion to the Judicial Panel on Multidistrict Litigation of Remand of This Action to the Central District of California, (6696 in 1:01-cv-12257-PBS) MOTION for Summary Judgment / Notice of Defendant Sandoz Inc.’s Motion for Summary Judgment, (6685 in 1:01-cv-12257-PBS) MOTION for Partial Summary Judgment, (6704 in 1:01-cv-12257-PBS) MOTION for Partial Summary Judgment, (6694 in 1:01-cv-12257-PBS) MOTION for Partial Summary Judgment, (561 in 1:06-cv-11337-PBS) MOTION to Remand / Joint Motion on Behalf of All Defendants For a Suggestion to the Judicial Panel on Multidistrict Litigation of Remand of This Action to the Central District of California, (567 in 1:06-cv-11337-PBS) MOTION for Partial Summary Judgment (Doc. No. 6704 in Case No. 01-12257), (547 in 1:06-cv-11337-PBS) MOTION for Partial Summary Judgment (Master Docket No. 6685), (558 in 1:06-cv-11337-PBS) MOTION for Partial Summary Judgment (Doc. No. 6694 in Case No. 01-12257), (555 in 1:06-cv-11337-PBS) MOTION for Summary Judgment / Notice of Defendant Sandoz Inc.’s Motion for Summary Judgment.

Motions Hearing RESCHEDULED from 11/17/2010 to 11/30/2010 at 9:00 AM in Courtroom 19 before Judge Patti B. Saris. Associated Cases: 1:01-cv-12257-PBS, 1:06-cv-11337-PBS (Alba, Robert). . . .

This will be a big day — as much of the future course of the Warrick to Schering-Plough to Merck albuterol state reimbursement fraud cases will be parcelled out, at this mega hearing. I’ll keep you informed. The earlier direct case in Massachusetts, is now likely to go up, on appeal, after a $4.6 million loss for New Merck, as successor to Warrick’s liabilities (in addition, punitives have not yet been calculated, by the very able Judge Saris, on that one). Stay tuned.

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