Petition of the day
By John Ehrett
on Mar 21, 2016
Thepetition of the dayis:
15-1078
Issue:(1) Whether a third-party payor (TPP) states a plausible RICO injury by alleging that a manufacturers 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 manufacturers 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. 21, 2016, 12:00 AM),
https://www.scotusblog.com/2016/03/petition-of-the-day-907/