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IN RE SCHERING PLOUGH CORP. INTRON/TEMODAR

Nos. 10-3046, 10-3047.

678 F.3d 235 (2012)

In re SCHERING PLOUGH CORP. INTRON/TEMODAR CONSUMER CLASS ACTION. Angela Montgomery, Appellant in No. 10-3046. International Brotherhood of Teamsters Local No. 331 Health & Welfare Trust Fund, Appellant in No. 10-3047.

United States Court of Appeals, Third Circuit.

Filed: May 16, 2012.

Attorney(s) appearing for the Case

Donald E. Haviland, Jr., Esq. (Argued), Michael J. Lorusso, Esq. , Haviland Hughes, Philadelphia, PA, for Plaintiff-Appellant Angela Montgomery.

Stephen G. Grygiel, Esq. (Argued), John E. Keefe, Jr., Esq. , Stephen T. Sullivan, Jr., Esq. , Keefe Bartels, Red Bank, NJ, for Plaintiff-Appellant International Brotherhood of Teamsters Local No. 331 Health & Welfare Trust Fund.

Douglas S. Eakeley, Esq. , Natalie J. Kraner, Esq. , Alan S. Modlinger, Esq. , Kristin A. Muir, Esq. , Gavin J. Rooney, Esq. (Argued), Lowenstein Sandler, Roseland, NJ, for Defendant-Appellee Schering Plough Corp.

Before: SLOVITER, VANASKIE and GREENBERG, Circuit Judges.

OPINION

VANASKIE, Circuit Judge.

At issue in these consolidated appeals is the standing of third-party payors of drugs prescribed for "off-label" purposes, i.e., uses not approved by the Food and Drug Administration ("FDA"), as well as the standing of individual patients prescribed drugs for off-label purposes, to pursue claims against a pharmaceutical company and its affiliated marketing entities under the Racketeer Influenced and Corrupt Organizations...

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