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EpiPen Price-Gouging Case Against Mylan Headed for Trial (2)

June 23, 2021, 6:58 PMUpdated: June 23, 2021, 8:35 PM

Mylan NV and its former CEO—the daughter of Sen. Joe Manchin (D-W. Va.)—lost their bid Wednesday to end price-gouging litigation over its lifesaving EpiPen, but the drugmaker got a federal judge in Kansas to dismiss a host of class action claims.

Judge Daniel D. Crabtree pared back some of the lawsuit’s allegations, including its racketeering counts, but left the case on track for a September trial of antitrust claims in the U.S. District Court for the District of Kansas on behalf of “end payers” like consumers, insurers, and pension funds.

There’s enough evidence for a jury to conclude Mylan unlawfully ...