Notable Decisions

  • City of New York, et al. v. Abbott Laboratories, et al., 2007 WL 10516242 (D. Mass. April 2, 2007) (Saris, U.S.D.J.) — Ruling is noteworthy because (a) in matter of first impression, federal court sustained plaintiffs’ claims for violation of New York’s Medicaid False Claims Act, New York Soc. Serv. L. 145-b where it was alleged that the defendant prescription drug manufacturers caused New York Medicaid to pay inflated reimbursements to pharmacists based on defendants’ false pricing; and (b) plaintiffs successful pleaded a fraud claim under New York law based on third party reliance.  Joanne was lead counsel for the City of New York and 43 New York County plaintiffs, primary drafter of all plaintiff briefs and argued the successful opposition before Judge Saris.

 

  • State of Iowa v. Abbott Laboratories, et al., (D. Mass. August 19, 2008) (Saris, U.S.D.J.) — Ruling is noteworthy because, in a matter of first impression, the Court sustained the State of Iowa’s claim that defendants’ false pricing violated the Iowa Consumer Fraud Act (“ICFA”), Iowa Code §714.16.  This decision marked the first time any Court had expressly determined that the State of Iowa “was a ‘person’ under Section 7 of the ICFA on behalf of whom the attorney general [could] seek injunctive relief, reimbursement and civil penalties if the state is defrauded.”  Joanne was lead counsel for the Attorney General of the State of Iowa, primary drafter of all plaintiff briefs and argued the successful opposition to defendants’ motions to dismiss before Judge Saris.

 

  • City of New York, et al. v. Abbott Laboratories, et al., 685 F. Supp. 2d. 186 (D. Mass. 2010) (Saris, U.S.D.J.) — Ruling is noteworthy because the Court granted plaintiff’s motion for partial summary judgment in its entirety, finding that the defendant drug companies had purposefully submitted false pricing data to New York Medicaid in violation of New York’s false claims act, New York Social Services Law 145-b.  Joanne was lead counsel for the City of New York and 43 New York County plaintiffs, primary drafter of all briefing and argued the successful motion for partial summary judgment before Judge Saris.