GlaxoSmithKline LLC v. Allied Services Division Welfare Fund
Petition for certiorari denied on June 6, 2016.
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.
Recommended Citation: GlaxoSmithKline LLC v. Allied Services Division Welfare Fund, SCOTUSblog, https://www.scotusblog.com/cases/glaxosmithkline-llc-v-allied-services-division-welfare-fund/