(1st Circ., filed April 11, 2018): Arguing that the plaintiffs’ speculative claim that they might have paid less for a medication if defendants had packaged it more efficiently does not describe a cognizable injury in fact, and therefore, they lack standing. Accepting plaintiffs’ theory would invite abusive class-action litigation.
Court ruled in favor of ATRA's position
On August 27, 2018, the court held that defendants could not change the drop size of an FDA-approved drug without prior FDA approval and thus that plaintiffs’ state-law claims were preempted.
This week is aimed at educating both the public and our government leaders about how excessive litigation drains resources from businesses, stifles innovation, and ultimately hurts consumers and job creation.