BLUE CROSS BLUE SHIELD ASSOCIATION et al v. GLAXOSMITHKLINE LLC

Filing 296

MEMORANDUM ORDER THAT DEFENDANT GLAXOSMITHKLINE LLC'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 201 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 9/30/2019. 10/1/2019 ENTERED AND COPIES MAILED AND E-MAILED.(amas)

IN THE L'~ITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

BLL'E CROSS BLUE SHIELD
ASSOCIATION, et al.

FILED

No. 13-4663
V.

SEP 3 O2019

GLAXOSMITHKLINE LLC

KATE BARKMAN, Clerk
BY.

Dep. Clerk

ORDER

AND NOW, this 30th day of September, 2019, upon consideration of Defendant
GlaxoSmithKline LLC's Motion for Summary Judgment, the briefing and supplemental briefing
thereon, and the parties' presentations at the March 12, 2019, oral argument on the Motion, and
for the reasons set forth in the accompanying Memorandum, it is ORDERED the Motion
\

(Document 201) is GRANTED in part and DENIED in part as follows:
1.

The Motion is GRANTED as to Plaintiffs' claims under the Racketeer Influenced

and Corrupt Organizations Act and for unjust enrichment (Count VII). Judgment is entered in favor
of GSK as to Counts I, II, III, and IV of Plaintiffs' Amended Complaint.
2.

The Motion is DENIED as to Plaintiffs' remaining claims for fraud (Count IV),

civil insurance fraud pursuant to 18 Pa. Cons. Stat. § 4 I 17(a)(2) (Count V), negligent
misrepresentation (Count VI), breach of express warranty (Count VIII), and breach of implied
warranty of merchantability (Count IX).
An order scheduling a status conference to set a date for trial on Plaintiffs' surviving claims
will be entered separately.
BY THE COURT: