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IN RE NEURONTIN MARKETING AND SALES PRACTICES

Nos. 11-1904, 11-2096.

712 F.3d 21 (2013)

In re NEURONTIN MARKETING AND SALES PRACTICES LITIGATION. Kaiser Foundation Health Plan, Inc.; Kaiser Foundation Hospitals; Kaiser Foundation Health Plan of Colorado; Kaiser Foundation Health Plan of Georgia, Inc.; Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc.; Kaiser Foundation Health Plan of Northwest; Kaiser Foundation Health Plan of Ohio, Plaintiffs, Appellees, v. Pfizer, Inc.; Warner-Lambert Company, LLC, Defendants, Appellants.

United States Court of Appeals, First Circuit.

April 3, 2013.

Attorney(s) appearing for the Case

Kathleen Sullivan, with whom Mark S. Cheffo, Katherine A. Armstrong, Quinn Emanuel Urquhart Oliver & Hedges LLP, and Skadden, Arps, Slate, Meagher & Flom LLP were on brief, for appellants.

David C. Frederick, with whom Scott K. Attaway, W. Joss Nichols, Caitlin S. Hall, Linda P. Nussbaum, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. and Grant & Eisenhofer, P.A. were on brief, for appellees.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.

LYNCH, Chief Judge.

This is an appeal from verdicts of over $140 million, reached by both a jury and a court, compensating Kaiser, a major health plan provider and insurer, for the injury Kaiser suffered by its payment for four categories of off-label Neurontin prescriptions which had been induced by a fraudulent scheme by Pfizer, the manufacturer of Neurontin. These verdicts followed a settlement that Warner-Lambert, a subdivision of Pfizer, had reached in a criminal...

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