Harden Mfg. Corp. v. Pfizer, Inc.

This appeal by Harden Manufacturing Corporation and others (together, Harden plaintiffs) arose from multidistrict litigation concerning the off-label marketing of Neurontin, an anticonvulsant drug manufactured by Pfizer, Inc. The Harden plaintiffs, representing a putative class of third-party payors (TPPs), alleged that Pfizer engaged in a fraudulent off-marketing campaign that caused the TPPs to pay for Neurontin prescriptions that were ineffective for the off-label conditions at issue and that the plaintiffs suffered injury when they paid for those prescriptions. The district court granted summary judgment to Pfizer and denied class certification on the plaintiffs' claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the New Jersey Consumer Fraud Act, and state common law claims of fraud and unjust enrichment. The First Circuit Court of Appeals (1) reversed the grant of summary judgment as to the plaintiffs' RICO claim, as the Harden plaintiffs presented evidence to survive summary judgment; (2) vacated the grant of summary judgment as to the state law claims; and (3) vacated the denial of class certification. View "Harden Mfg. Corp. v. Pfizer, Inc." on Justia Law