In UFCW Local 1776 v. Eli Lilly & Co., No. 09-0222, a putative class action against Eli Lilly, manufacturer of the drug Zyprexa, asserting a civil RICO violation predicated on mail fraud, conspiracy to violate RICO, violation of state consumer protection laws, common-law fraud, and unjust enrichment based on Lilly’s alleged misrepresentations about Zyprexa’s efficacy and safety, the court vacated the certification of a class and denial of summary judgment, holding that 1) because plaintiffs’ excess price theory was not susceptible to generalized proof with respect to either but-for or proximate causation, class certification based on this theory was an abuse of discretion; and 2) the district court did not consider individual claims under plaintiffs’ quantity effect theory when it ruled on Lilly’s motion for summary judgment.
Related Resources
- Full Text of UFCW Local 1776 v. Eli Lilly & Co., No. 09-0222
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