Teamsters Local 237 Welfare Fund; Local 237 Teamsters Retirees’ Benefit Fund; Local 237 Teamsters-Plainview-Old…

Summary

The Supreme Court of Delaware affirmed dismissal with prejudice of third-party payors' consumer-fraud claims concerning alleged false advertising of Nexium. The court held that, under either Delaware or New York law, the payors could not establish injury caused by the advertising because they continued listing Nexium on their formularies and reimbursing prescriptions after alleging that the advertising was fraudulent. Because the claims failed as a matter of law, amendment would have been futile.