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). The unstated premise here was fraud on the market – an assumption that every class member always has perfect information. Plaintiffs Legal Committee , 531 U.S. You can see where this is going.
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