Welcome to the Informational Website for the Legal Pleadings and Discovery Documents produced in the Zyprexa® Purchase Claim Litigation
A Summary of the Zyprexa Purchase Claim Litigation
Notice to TPPs: Deadline to Opt In Is September 22, 2011
On September 10, 2010 the United States Court of Appeals for the Second Circuit, in the case captioned UFCW Local 1776 v. Eli Lilly & Co., 620 F.3d 121 (2nd Cir. 2010), reversed the decision of the United States District Court for the Eastern District of New York to certify a class of Third Party Payors that paid or reimbursed for Zyprexa prescriptions. The Court of Appeals also remanded the case back to the United States District Court for the Eastern District of New York for further proceedings.
In the remanded proceedings, Third Party Payors that paid or reimbursed for Zyprexa prescriptions and wish to seek reimbursement for Zyprexa prescriptions, must intervene to assert their own claims on their own behalf. The deadline for intervention is September 22, 2011.
A copy of the Court of Appeals decision and the Eastern District of New York's scheduling order, which includes the September 22, 2011 deadline, is available in the "Court Orders" section of this website. A copy of the [Draft] Amended Complaint is available in the "Zyprexa Pleadings" section of this website.
Unsealed Lilly Documents
On September 5, 2008 the United States District Court for the Eastern District of New York unsealed approximately 350 documents produced by Eli Lilly and Co. that had previously been subject to a protective order. The court stated, "All documents, reports, depositions, arguments, and transcripts referred to in the First Amended Complaint, the motions to dismiss, motions for summary judgment (including plaintiffs' Fact Proffer), and certification motions are unsealed" and ordered a special master to supervise the unsealing of the documents. The Court expressly approved Plaintiffs' plan to post the unsealed documents and pleadings on a website as an appropriate means of sharing this information with the interested public. The unsealed documents may be viewed by following the links at the top of this page.
The court also certified for consolidation with the immediate appeal of the class certification, an interlocutory appeal as to the denial of summary judgment in the case. Currently, Defendant Eli Lilly and Co. is pursuing an immediate appeal of the class certification, and an interlocutory appeal of the denial of its' motion for summary judgment. The appeal is pending before the United States Court of Appeals for the Second Circuit. No decisions have been made or entered by the Court of Appeals at this time.