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Nonetheless, the Ninth Circuit’s PATDC82 I allowed a RICO claim alleging that, between 1999 and 2011, defendants concealed that risk from the FDA and that, as a result, every TPP in the country paid for Actos prescriptions that it otherwise would not have reimbursed. the relationship between [plaintiff] and its pharmacy benefit manager. . .
223, 238 (2011), the United States Supreme Court reacted to a plaintiff’s unconstrained claims of “alternative” vaccine design: [T]he [design] decision is surely not an easy one. In at least the short term, a popular pain reliever would have to be removed from pharmacies. His testimony is thus irrelevant and inadmissible.
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