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This just in – Eli Lilly has received summary judgment against the Mississippi Attorney General’s consumer fraud lawsuit in all respects – except one. The court left the state’s claim based on the difference between the price paid for Zyprexa and the value received by the State alive, but largely because that issue is currently before the Second Circuit in the TPP class action appeal.
It’s Judge Weinstein, so you know it’s long – 117 pages – so right now we’ll simply post the opinion. On page 10 the court states that summary judgment is granted “because the use of aggregate proof to establish essential elements of Mississippi’s theories of recovery is barred by applicable case law.”
When we’ve read it, we’ll probably have more to say about it.