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UFCW LOCAL 1776 v. ELI LILLY AND CO.

Docket No. 09-0222-cv.

620 F.3d 121 (2010)

UFCW LOCAL 1776 and participating employers health and welfare fund, Eric Tayag and Mid-West National Life Insurance Company of Tennessee, on behalf of themselves and others similarly situated, Local 28 Sheet Metal Workers, on behalf of themselves and others similarly situated, Sergeants Benevolent Association Health and Welfare Fund, on behalf of themselves and others similarly situated, Plaintiffs-Appellees, v. ELI LILLY AND COMPANY, Defendant-Appellant, Texas Department of State Health Services, Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 10, 2010.

Attorney(s) appearing for the Case

Samuel Issacharoff, New York, NY; James R. Dugan, Stephen Murray, Jr., Douglas R. Plymale (on the brief), Murray Law Firm, New Orleans, LA; Thomas M. Sobol, Lauren G. Barnes, Kristen J. Parker (on the brief), Hagens Berman Sobol Shapiro LLP, Cambridge, MA; Andrea Bierstein (on the brief), Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, New York, NY, for Plaintiffs-Appellees.

Robert A. Long (Michael X. Imbroscio, Jonathan L. Marcus, Mark W. Mosier, on the brief), Covington & Burling LLP, Washington, D.C.; Nina M. Gussack, Thomas E. Zemaitis, Anthony Vale, Paul V. Avelar (on the brief), Pepper Hamilton LLP, Philadelphia, PA, for Defendant-Appellant.

Before: KATZMANN, LIVINGSTON, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judges:

Plaintiffs-appellees ("plaintiffs"), unions and insurers who act as third-party payors ("TPPs") who underwrite the purchase of prescription drugs by their members or insureds, brought this putative class action against Eli Lilly and Company ("Lilly"), manufacturer of the drug Zyprexa, alleging that Lilly had misrepresented Zyprexa's efficacy and side effects to physicians. The putative class is composed of TPPs, such as insurance providers...

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