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GlaxoSmithKline LLC v. Allied Services Division Welfare Fund

Petition for certiorari denied on June 6, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-1078 3d Cir. N/A N/A N/A N/A OT 2015

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.

DateProceedings and Orders (key to color coding)
Feb 23 2016Petition for a writ of certiorari filed. (Response due March 28, 2016)
Mar 2 2016Waiver of right of respondent Allied Services Division Welfare Fund, et al. to respond filed.
Mar 9 2016Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Mar 10 2016Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al. filed.
Mar 16 2016DISTRIBUTED for Conference of April 1, 2016.
Mar 28 2016Response Requested . (Due April 27, 2016)
Apr 21 2016Order extending time to file response to petition to and including May 4, 2016.
Apr 27 2016Brief amicus curiae of Washington Legal Foundation filed.
Apr 29 2016Brief of respondents Allied Services Division Welfare Fund, et al. in opposition filed.
May 13 2016Reply of petitioner GlaxoSmithKline LLC filed.
May 17 2016DISTRIBUTED for Conference of June 2, 2016.
Jun 6 2016Petition DENIED.