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City of Huntington, West Virginia et al v. AmerisourceBergen Drug Corporation et al

Docket 3:17-cv-01362, West Virginia Southern District Court (Jan. 24, 2020)
Judge David A. Faber, presiding
Statutory Actions - Other
DivisionHuntington
FlagsCLOSED, APPEAL, CONSOLIDATED - LEAD CASE
Cause18:1961 Racketeering (RICO) Act
Case Type890 Statutory Actions - Other
Tags890 Statutory Actions, Other, 890 Statutory Actions, Other
Plaintiff The City of Huntington
Plaintiff City of Huntington, West Virginia
Consol Plaintiff Cabell County Commission
...
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No. 1537 ORDER OF 4CCA as to 1533 Notice of Appeal to the 4CCA, in 4CCA Case No. 22-1819; granting the ...

Document City of Huntington, West Virginia et al v. AmerisourceBergen Drug Corporation et al, 3:17-cv-01362, No. 1537 (S.D.W.Va. Nov. 14, 2022)
The court grants the motion to withdraw from further representation on appeal.
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No. 1536 ORDER OF 4CCA as to 1533 Notice of Appeal to the 4CCA, upon consideration of submissions relative ...

Document City of Huntington, West Virginia et al v. AmerisourceBergen Drug Corporation et al, 3:17-cv-01362, No. 1536 (S.D.W.Va. Aug. 22, 2022)
Upon consideration of submissions relative to the motions to consolidate, the court grants the motions and consolidates Case No. 22-1819 and Case No. 22- 1822.
Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case.
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No. 1530 FINDINGS OF FACT AND CONCLUSIONS OF LAW in view of the courts findings and conclusions, finding ...

Document City of Huntington, West Virginia et al v. AmerisourceBergen Drug Corporation et al, 3:17-cv-01362, No. 1530 (S.D.W.Va. Jul. 4, 2022)
Regardless, even assuming Method A or B matched the system in Masters, applying those systems to the defendants here, none of whom used them, is inconsistent with the analysis in Masters itself.
... review, Mr. Rafalski did not find sufficient evidence to dispel the suspicion of orders “that were or should have been flagged.” Id. In other words, Mr. Rafalski did not explicitly testify that he found defendants’ due diligence nonexistent, ...
None of the defendants ship opioids to pharmacies without a DEA registration or license.
None of the cases cited held that distribution or sale of a product could constitute a public nuisance.
Not only do distributors have no ability to stop pills on a prescription-by-prescription basis and none of the expertise with which to determine whether prescriptions are good or bad, they also have none of the coercive powers of ...
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No. 1531 JUDGMENT ORDER for reasons set forth in the 1530 Findings of Fact and Conclusions of Law filed ...

Document City of Huntington, West Virginia et al v. AmerisourceBergen Drug Corporation et al, 3:17-cv-01362, No. 1531 (S.D.W.Va. Jul. 4, 2022)
Motion for Judgment
For reasons set forth in the Findings of Fact and Conclusions of Law filed this day, the court hereby ENTERS JUDGMENT in favor of defendants.
The Clerk is directed to send a copy of this Judgment Order to those counsel of record who have registered to receive an electronic NEF.
IT IS SO ORDERED this 4th day of July, 2022.
David A. Faber Senior United States District Judge
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No. 1529 MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 1385 RENEWED ...

Document City of Huntington, West Virginia et al v. AmerisourceBergen Drug Corporation et al, 3:17-cv-01362, No. 1529 (S.D.W.Va. Jun. 27, 2022)
Daubert MotionPartial
But Rafalski’s belief in the accuracy of Method A appears to derive from his belief that defendants’ efforts to conduct due diligence were slim to none and that one suspicious order immerses the customer account in suspicion until there ...
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No. 1526 ORDER denying 1298 MOTION by McKesson Corporation to Prohibit Plaintiffs' Improper Use of Testimony ...

Document City of Huntington, West Virginia et al v. AmerisourceBergen Drug Corporation et al, 3:17-cv-01362, No. 1526 (S.D.W.Va. Mar. 31, 2022)
Pending before the court is defendant McKesson’s motion to prohibit plaintiffs’ improper use of the deposition testimony of Nathan Hartle.
While the court agrees there is some merit to McKesson’s motion, the court sees no need to make a blanket ruling.
The Clerk is directed to send this Order to those counsel of record who have registered to receive an electronic NEF.
IT IS SO ORDERED this 31st day of March, 2022.
David A. Faber Senior United States District Judge
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No. 1524 ORDER denying as moot Defendants' 1261 RULE 26(c) MOTION or a Protective Order Regarding Rule ...

Document City of Huntington, West Virginia et al v. AmerisourceBergen Drug Corporation et al, 3:17-cv-01362, No. 1524 (S.D.W.Va. Mar. 30, 2022)
Showing as pending on the court’s docket are: 1) Defendants’ Rule 26(c) Motion for a Protective Order Regarding Rule 45 Deposition Subpoena to Non-Party IQVIA (ECF No. 1261); 2) Defendants’ Moton to Exclude Expert Testimony of Dr. Rahul Gupta (ECF No. 1293); and 3) Defendants’ Motion to Exclude the House Energy & Commerce Committee Majority Staff Report (ECF No. 1307).
Given the denial of plaintiffs' IQVIA motion and the fact that trial is concluded, ECF No. 1261 is DENIED as moot.
The motion to exclude the House Energy & Commerce Committee Majority Staff Report was GRANTED on May 18, 2021.
The Clerk is directed to send this Order to those counsel of record who have registered to receive an electronic NEF.
David A. Faber Senior United States District Judge
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