Articles Posted in Antitrust

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The State brought a civil action against Pharmacia Corporation, alleging that the company reported inflated drug prices to Wisconsin Medicaid. A jury found Pharmacia liable for violating the Deceptive Trade Practices Act (DTPA) and the Medicaid fraud statute. The jury awarded the State $2 million for the DTPA claim and $7 million for the Medicaid fraud claim. The jury also determined that Pharmacia committed 1,440,000 separate violations of the Medicaid fraud statute. In post-trial proceedings, the circuit court reduced the number of violations to 4,578. Both parties appealed. The court of appeals certified three issues to the Supreme Court. The Court affirmed the circuit court's judgment on the issues and remanded to the court of appeals, holding (1) the State was entitled to a jury trial on its Medicaid fraud claim; (2) the jury did not impermissibly speculate in determining the damage award; and (3) the circuit court properly reduced the number of violations found by the jury.View "State v. Abbott Labs." on Justia Law