Another RICOdiculous Decision
Drug & Device Law
JULY 24, 2023
What’s worse, the fraud on the FDA claim, if brought under state law, would be preempted by Buckman Co. 341 (2001). This time-tested type of evidence is mostly absent from the analysis in PATDC82 II – as in Neurontin , the only actual prescriber testimony belied plaintiffs’ position. Plaintiffs Legal Committee , 531 U.S.
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