Fed. Trade Comm'n v. Vyera Pharm.

• Decision Date: 24 September 2021
• Docket Number: 20cv00706 (DLC)
• Parties: FEDERAL TRADE COMMISSION, STATE OF NEW YORK, STATE OF CALIFORNIA, STATE OF OHIO, COMMONWEALTH OF PENNSYLVANIA, STATE OF ILLINOIS, STATE OF NORTH CAROLINA, and COMMONWEALTH OF VIRGINIA, Plaintiffs, v. VYERA PHARMACEUTICALS, LLC, AND PHOENIXUS AG, MARTIN SHKRELI, individually, as an owner and former director of Phoenixus AG and a former executive of Vyera Pharmaceuticals, LLC, and KEVIN MULLEADY, individually, as an owner and former director of Phoenixus AG and a former executive of Vyera Pharmaceuticals, LLC, Defendants.
• Court: U.S. District Court — Southern District of New York

FEDERAL TRADE COMMISSION, STATE OF NEW YORK, STATE OF CALIFORNIA, STATE OF OHIO, COMMONWEALTH OF PENNSYLVANIA, STATE OF ILLINOIS, STATE OF NORTH CAROLINA, and COMMONWEALTH OF VIRGINIA, Plaintiffs, v. VYERA PHARMACEUTICALS, LLC, AND PHOENIXUS AG, MARTIN SHKRELI, individually, as an owner and former director of Phoenixus AG and a former executive of Vyera Pharmaceuticals, LLC, and KEVIN MULLEADY, individually, as an owner and former director of Phoenixus AG and a former executive of Vyera Pharmaceuticals, LLC, Defendants.

No. 20cv00706 (DLC)

United States District Court, S.D. New York

September 24, 2021

ORDER

DENISE COTE, District Judge

On September 24, 2021, this Court issued an Opinion granting the State plaintiffs in the above-captioned action partial summary judgment on the issue of the States' authority to pursue nationwide disgorgement. In their cross-motion filed on August 27, 2021, the States also sought a preclusive order against the defendants. Accordingly, it is hereby

ORDERED that it shall be the law of the case for the duration of pretrial and trial proceedings that the location of Daraprim purchases is irrelevant.

IT IS FURTHER ORDERED that defendants shall be precluded at trial from introducing evidence or examining or cross-examining witnesses with respect to the location of such purchases.

SO ORDERED.