In a class action lawsuit against pharmaceutical companies claiming that they unfairly and deceptively inflate the drugs' average wholesale prices (AWPs), district court's judgment dismissing Class 1 plainitffs' claims is vacated and remanded as there is a lack of clear understanding of both the scope of the district court's judgment and the reasons for the judgment.
Appeal from the United States District Court for the District of Massachusetts
Decided September 28, 2009
Before: Howard, Circuit Judge, Zobel, and Lisi, District Judges
Opinion by Howard, Circuit Judge
For Appellant: Steve W. Berman, Sean R. Matt, Hagens Berman Sobol Shapiro LLP, Jeffrey Kodroff, John A. Macoretta, Spector, Roseman & Kodroff, P.C., Marc H. Edelson, Hoffman & Edelson, Thomas M. Sobol, Edward Notargiacomo, Kenneth A. Wexler, Jennifer Fountain Connolly