Mealey's Litigation Procedure - Plaintiff Expert Can Testify About Damages In Actiq Third-Party Class Action

PHILADELPHIA - A Pennsylvania federal judge on July 21 denied a motion by Cephalon Inc. to exclude the testimony of a plaintiff expert who plans to testify that the drug manufacturer is liable for $698.9 million in damages to third-party payers for alleged off-label promotion of the Actiq fentanyl pain drug/device (In Re: Actiq Sales and Marketing Practices Litigation, No. 07-4492, E.D. Pa.; 2014 U.S. Dist. LEXIS 98441).

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