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We can’t say much, because Dechert’s involved in the litigation, but the Ninth Circuit has just affirmed (unpublished – but a win is a win is a win), the Rule 12 of the Amgen third-party payer action over alleged off-label promotion of Arasnep and Epogen.  The grounds:

(1) Failure to plead RICO and UCL (California’s notorious consumer protection statute) with particularity.

(2) Failure to plead proximate cause.  The plaintiff’s theory was too “attenuated” as a matter of law.