Kenneth Murphy

About Kenneth Murphy

Kenneth A. Murphy is a partner with the law firm Drinker Biddle & Reath. He has nearly 30 years of experience defending product liability and other tort claims, including unfair trade practice and off-label promotion claims, on behalf of pharmaceutical companies and other commercial entities. Read Ken's full bio

DOUBLE SNAP! Second Circuit follows Third Circuit to Endorse Snap Removal

Last fall we wrote about the Third Circuit’s opinion endorsing the snap removals, making it the first circuit opinion in the country to approve such practice. This week, the United States Court of Appeals for the Second Circuit followed the Third Circuit’s lead and affirmed snap removals.

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Reliance Remains a High Hurdle in Establishing Third-Party Payor Claims

Third-party payor (TPP) claims against pharmaceutical companies are nothing new. The arguments are common – TPP insurers claim financial injury arising out of payments made for alleged medically unnecessary prescriptions written for numerous insureds/ beneficiaries. In some instances, the TPP plaintiffs point to evidence or allegations of off-label promotional activity to support the claims of lack of medical necessity; and sometimes the TPP plaintiffs attempt to bolster their allegations of “medically unnecessary” prescriptions by advancing a variation of the garden variety failure-to-warn narrative:

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