In Re Epogen & Aranesp Off-Label Marketing & Sales
In Re Epogen & Aranesp Offlabel Marketing & Sales Practices Litigation
Opinion
Opinion
Gutierrez, J.
Proceedings: (In Chambers) Order on Defendants’ Motions to Dismiss
Before the Court are Defendants’ separate motions to dismiss the Complaint. The Court heard oral argument on the matter on November 3, 2008. For the reasons set forth below, the Court DISMISSES the complaint with leave to amend.
I. Background
A. The Parties
Plaintiff Sheet Metal Workers National Health Fund (“SMW”) is a welfare plan that provides post-retirement health benefits to approximately 17,000 retired members of the Sheet Metal Workers International Association. Plaintiff United Food & Commercial Workers Central Pennsylvania & Regional Health & Welfare Fund (“UFCW”) is a not-for-profit trust established and maintained to provide health care benefits to participant-workers who are employed under various collective bargaining agreements, as well as to their dependents. Plaintiff Painters District Counsel No. 30 Health & Welfare Fund is a not-for-profit trust established and maintained to provide health care benefits to participant-workers and their dependents. Plaintiffs Ironworkers Local Union No. 68 and Participating Employers Health and Welfare Funds, Ironworkers Local Union No. 399 and Participating…