STORY FROM: Drugs & Medical Devices

1st Cir. Revives Fraud Claims Against Forest Labs in Celexa, Lexapro Off-Label Marketing Case

BOSTON — A federal appeals court has revived fraud claims accusing Forest Laboratories Inc. of engaging in an aggressive campaign to illegally market two of its antidepressants to children, finding the evidence establishes a question of fact as to whether the alleged scheme caused the plaintiffs to pay for the prescriptions.

In a Jan. 30 opinion, the 1st Circuit U.S. Court of Appeals reinstated claims asserting violations of the Racketeer Influenced and Corrupt Organization Act, the Minnesota Consumer Fraud Act, and the Minnesota Unfair Trade Practices Act, and for unjust enrichment.

However, the appellate court upheld the lower court’s ...

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Baum Hedlund Aristei & Goldman
Debevoise & Plimpton
Pendley Baudin & Coffin
Sugarman Rogers Barshak & Cohen

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