County of Santa Clara v. Astra USA, Inc., No. 06-16471

In a breach of contract action claiming that plaintiff-county was overcharged for certain drugs in violation of pharmaceutical pricing agreements between the Secretary of Health and Human Services and drug manufacturer defendants, dismissal of the complaint is reversed where plaintiff was an intended direct beneficiary of the agreements and thus had the right to enforce the agreements' discount provisions against the manufacturers and sue them for reimbursement of excess payments.

Read County of Santa Clara v. Astra USA, Inc., No. 06-16471

Appellate Information

Filed December 9, 2009

Judges

Opinion by Judge Fisher

Counsel

For Appellant:

Patrick J. Coughlin, Sanford Svetcov, Jeffrey W. Lawrence, Jacqueline E. Mottek, Aelish M. Baig and Jennie Lee Anderson, Coughlin Stoia Geller Rudman & Robbins LLP, Los Angeles, CA

For Appellees:

Robert S. Litt, Jeffrey L. Handwerker and Sharon Douglass Mayo, Arnold & Porter LLP, Washington, DC

Alicia J. Donahue and Sara Romano, Shook, Hardy & Bacon LLP, Washington, DC