Teva Pharmaceuticals USA Inc. and subsidiary Cephalon Inc. want to get out of state court in Pennsylvania and into federal court. The drug manufacturer filed papers in federal court March 5 to get the City of New Castle, Pa.’s lawsuit against it moved from the Court of Common Pleas in Philadelphia County to federal court in the Eastern District of Pennsylvania.
Judge Harvey Bartle IV of the U.S. District Court for the Eastern District of Pennsylvania signed off on the removal.
Along with Teva, the City of New Castle is suing Allergan PLC, Endo Health Solutions Inc., Johnson & Johnson and Purdue Pharma LP for allegedly causing and perpetuating the opioid prescription drug abuse epidemic by aggressively marketing prescription opioids and misrepresenting their safety.
In its papers, Teva said all the factors for removing a case from state to federal court are met: (1) the amount in controversy is over $5 million; (2) there are more than 100 members of the proposed class suing; and (3) the class members are from different states from the drug company defendants.
In December 2017, the Judicial Panel on Multidistrict Litigation created a multidistrict litigation (MDL) that would include the New Castle action along with multiple other opioid-related suits pending against drugmakers.
Teva’s removal of the suit follows a similar move by drug distributor McKesson Corp. to transfer the Cherokee Nation’s case against it Cardinal Health Inc., AmerisourceBergen, CVS Health, Walgreens Boots Alliance Inc., and Wal-Mart Stores Inc. to a consolidated proceeding in Ohio state court.
Stay on top of new developments in health law and regulation, and learn more, by signing up for a free trial to Bloomberg Law.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)