Sergeants Benevolent Ass’n Health and Welfare Fund v. Eli Lilly and Co.

(1) Whether the court of appeals erred in holding that petitioners could not establish the causation element of their RICO claim because the presence of prescribing physicians in the chain of causation constituted an intervening factor breaking the link between respondent's fraudulent marketing and petitioners' foreseeable injuries and (2) whether, alternatively, this Court should dispose of this petition in light of the Court’s decision in Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403 because the court below - like the Fifth Circuit in Halliburton - based its denial of class certification on the conclusion that petitioners could not establish the causation element of their claim on the merits.