The petition of the day is:


Issue: (1) Whether a third-party payor (TPP) states a plausible RICO injury by alleging that a manufacturer’s failure to disclose risk information inflated the price of a medication; (2a) whether the independent decisions of prescribing doctors break the causal chain under RICO where a TPP alleges that it paid more because a manufacturer’s misrepresentations caused doctors to write more prescriptions for a medication; and (2b) whether a TPP must allege specific facts tying an alleged fraud to its own decision to cover a drug under its prescription plan in order to properly plead factual causation.

Posted in Cases in the Pipeline

Recommended Citation: John Ehrett, Petition of the day, SCOTUSblog (Mar. 20, 2016, 11:00 PM),