We can’t say much, because Dechert’s involved in the litigation, but the Ninth Circuit has just affirmed (unpublished – but a win is a win is a win), the Rule 12 of the Amgen third-party payer action over alleged off-label promotion of Arasnep and Epogen.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