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Our lawyers and staff are focused on seeking exceptional results for our clients. We deliver value by creating solutions to legal problems through high quality work and innovative strategy designed to meet client objectives.

Select a practice area from the list below to view the results from that area.

Health Care Litigation Selected Results

Stephen Simon v. Value Behavioral Health (United States District Court for the Central District of California, civil action SA-CV96-0711 GLT (EEx))

Defended eight ERISA plan sponsors and medical insurers (including Blue Cross plans) in an antitrust action by an out-of-program mental health care provider claiming that a wide ranging conspiracy existed among scores of insurers, plan administrators and plan sponsors to establish agreed compensation standards which foreclosed competition from non-PPO providers. Our clients and most of the complaint were dismissed, which was upheld on appeal to the Ninth Circuit.

Counsel

Tow Distributing Inc., et al. v. Blue Cross Blue Shield of Minnesota, Inc.

Representation of Blue Cross Blue Shield of Minnesota in class action lawsuits filed on behalf of participants seeking to claim over $400 million recovered in a prior settlement with the tobacco companies.  A settlement was finally approved in which Blue Cross contributed an additional $11 million to a fund previously established for participants, leaving most of the tobacco settlement for programs needed in Minnesota to address health issues.

Counsel

In re: Pharmaceutical Industry Average Wholesale Price Litigation

Representation of Blue Cross Blue Shield of Massachusetts as class representative and prevailing plaintiff in consumer fraud class action against manufacturers of various physician-administered medications.

Counsel

Blue Cross Blue Shield of Minnesota, et. al. v. Glaxosmithkline plc, et. al.

Representation of Blues plans and other health insurers in litigation against drug manufacturer for overpayments made for the prescription drug Paxil and Paxil CR. After lengthy discovery and numerous pretrial motions on claims which included allegations of antitrust violations arising from manufacturers' use of patents to keep generics out of the market, settlement obtained in the fall of 2008.

Omnicare, Inc. v. UnitedHealth Group, Inc.

Representation of defendants UnitedHealth Group, Inc. and PacifiCare, Inc. in an antitrust lawsuit involving alleged price-fixing and fraud relating to prescription drug reimbursement under the federal Medicare Part D program. Plaintiff Omnicare sought damages exceeding $1 billion and permanent injunctive relief. After lengthy discovery and numerous pretrial motions, we obtained summary judgment in favor of our clients on all claims on January 16, 2009.

Counsel

Anthem Blue Cross Blue Shield, et al. v. Bristol-Myers Squibb, et al

Representation of health insurers and Blues plans in litigation against drug manufacturers for overpayments made for the prescription drug BuSpar.  On claims which included allegations of antitrust violations arising from manufacturers' use of patents to keep generics out of the market, we obtained settlement for our clients.

Counsel for Anthem Blue Cross Blue Shield, et al.

In re: Lorazepam and Clorazepate Antitrust Litigation

Representation of Blue Cross Blue Shield of Massachusetts, Blue Cross Blue Shield of Minnesota, and Federated Mutual Insurance Company in litigation before the federal District Court in the District of Columbia involving claims of state antitrust law violations regarding competitors' access to raw materials for Lorazepam and Clorazepate. The jury's verdict found that Mylan Laboratories Inc./Mylan Pharmaceuticals Inc., Cambrex Corporation, and Gyma Laboratories violated state antitrust laws and had restrained trade and acted willfully in excluding generic competitors' access. In post-trial motions, the District Court awarded Plaintiffs treble damages, for  a total award to all plaintiffs of  $76.8 million.  The parties are currently awaiting the Court's order on prejudgment interest. 

Counsel

 

* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and do not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

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