Eli Lilly and Company (NYSE: LLY) today announced that the U.S. Court of Appeals for the Second Circuit has agreed with Lilly's position that a class should not have been certified in a pending third-party payor suit, in which unions and insurers who act as third-party payors alleged that they overpaid for Zyprexa prescriptions. The court also agreed with Lilly that plaintiffs' overpricing claims should not go forward.
"We are very pleased with today's ruling from the Court of Appeals," said Robert A. Armitage, senior vice president and general counsel for Lilly. "We were confident that the suit filed by third-party payors was without merit and believed that the earlier decision would be overturned."