Joint Venture/Enterprise Claims to Proceed Against Byetta Makers

NASHVILLE, Tenn. - A federal judge has refused to dismiss joint venture/joint enterprise claims brought against the makers of Byetta, ruling that the plaintiff adequately pleaded that the drug makers worked with a doctor to supply and dispense the diabetes drug. Birdsong v. Eli Lilly & Co., et al., No. 10-1182 (M.D. Tenn.).

On March 30, Judge Todd J. Campbell of the U.S. District Court for the Middle District of Tennessee also allowed a concert of action claim to proceed against the defendants, finding that the plaintiff sufficiently pleaded that his doctor and the drug makers acted in concert to …