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Plaintiffs Oppose Dismissal in Suit Alleging Insulin Price-Fixing Scheme

Plaintiffs Oppose Dismissal in Suit Alleging Insulin Price-Fixing Scheme
March 16, 2021
Calling the defendants’ claims supporting their motions to dismiss “throw away” arguments, the plaintiffs in a class-action alleging that multiple pharmacy benefit managers (PBMs) and drug manufacturers have been operating a kickback and insulin price-fixing scheme filed an opposition to the motions Monday in the District of Delaware.
Plaintiffs FWK Holdings LLC and Professional Drug Company Inc. are the lead plaintiffs in the Nov. 6, 2020, first amended complaint (FAC) of a suit claiming that one group of defendants, the PBMs which include CVS Health Corporation, UnitedHealth Group Inc., and Optum Inc., among others solicited kickbacks from the manufacturer defendants Eli Lilly and Company, Sanofi-Aventis U.S. LLC, and Novo Nordisk Inc. who paid the PBMs to include insulin drugs Levemir, NovoLog, Lantus, and Humalog on health plan providers’ “formularies.” The ....

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Lawrence J. Fox Minority Report - Center for Professional Responsibility

Center for Professional Responsibility
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DISSENTING ON A
Joined in as to screening by: Commissioner Susan Martyn

The Ethics 2000 Commission has labored long and hard in redrafting the Model Rules for consideration by the ABA House of Delegates. Served ably by a splendid staff and two erudite, patient and careful Reporters, we bring to the floor of the ABAs most representative assembly a work-product of which the Commission can be justifiably proud. Rules have been strengthened, language has been recrafted to improve understanding, and difficult new issues have been addressed.
But in the view of this Commissioner the final draft is not good enough. We can do better. Not only that, we must do better. ....

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