Kaiser Foundation Health Plan, Inc. v. Pfizer, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that in Zyprexa, “the plaintiffs’ aggregate evidence of causation ... involved] only an extrapolation from the fact that the number of off-label prescriptions for Zyprexa fell after Eli Lilly’s fraud became known”
• affirming RICO verdict because the jury could infer from the evidence that plaintiff was a \primary and intended victim\ of defendants' \scheme to defraud\
• following Holmes’s, conclusion that RICO’s “ ‘by reason of language contains both but-fór causation and proximate causation requirements”
• Eli Lilly held that a group of third-party payors could not obtain class certification based on aggregate evidence, but found it “[unjclear” whether a single third-party payor could pursue such a theory
• “courts have long permitted parties to use statistical data to establish causal relationships”
• a plaintiff’s complaint need not “prove a series of negatives”

Source: CourtListener parenthetical corpus (CC0).