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Another RICOdiculous Decision

Drug & Device Law

The class period is between 1999 and 2010. the relationship between [plaintiff] and its pharmacy benefit manager. . . Apparently, massive loss of evidence was merely a “usual and customary service” of pharmacy benefit mangers nationwide. at *3 (footnote omitted). According to Plaintiffs’ expert. . ., 2023 WL 4191651, at *8.

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The FDA and Feasible Alternative Designs

Drug & Device Law

In at least the short term, a popular pain reliever would have to be removed from pharmacies. That the product had been approved in “other countries” could not create a triable issue of fact because, even for other uses that the FDA eventually allowed, the necessary clinical trials had not been completed in 2010. 2d at 571.

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