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In re: Lorazepam & Clorazepate Antitrust Litig., No. 08-5044

By FindLaw Staff on January 20, 2011 3:33 PM

Antitrust Drug Price-Fixing Action

In In re: Lorazepam & Clorazepate Antitrust Litig., No. 08-5044, an action claiming that defendants entered into exclusive licensing agreements enabling defendant to raise the prices the insurance companies paid for two prescription anti-anxiety medications, the court vacated judgment for plaintiff where plaintiffs' self-funded customers were required to be counted as parties for diversity of citizenship purposes, and thus the district court needed to examine the issue of its own jurisdiction.

As the court wrote:  "This is an appeal from the judgment of the district court, entered after a jury trial, awarding plaintiffs $76,823,943. The plaintiffs invoked diversity jurisdiction and alleged violations of state antitrust laws. Our opinion deals only with defendants' motion on appeal to dismiss for lack of jurisdiction."

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