Won federal appeals court reversal recognizing third party payer right of recovery for overpayment for defective drugs for class of third party payers led by our client Blue Cross/Blue Shield of Louisiana

Case Abstract
Lowey Dannenberg, led by Richard Cohen and Peter St. Phillip won a landmark 2nd Circuit Court of Appeals decision recognizing third party payers' rights to recover payments for defective drugs.

Client
Class of third party payers led by our client Blue Cross/Blue Shield of Louisiana.

Case Name
Desiano v. Warner-Lambert Co., 326 F.3d 339 (2d Cir. 2003).

Result
Won federal appeals court reversal recognizing third party payer right of recovery for overpayment for defective drugs.

Case Details
Lowey Dannenberg successfully argued to reverse dismissal of this class action case in a precedential appeal to the Second Circuit, establishing the rights of third party payers to sue pharmaceutical manufacturers for drug overcharges on a defective drug theory. After remand, the district court granted summary judgment, from which another appeal is now pending.