Lowey Prevails as The Court Denies Amgen’s Motion to Dismiss

On September 30, 2025, the U.S. District Court for the Eastern District of Virginia largely denied Amgen’s motion to dismiss in CareFirst of Maryland Inc. et al. v. Amgen Inc. et al., No. 2:24-cv-00484 (E.D. Va.). In this case, Lowey Dannenberg represents CareFirst and a putative class of end payors against Amgen, alleging that Amgen engaged in a years-long scheme to interfere with and delay biosimilar competition for etanercept, brand-name Enbrel, one of Amgen’s most profitable drugs.

In its decision, the Court found that plaintiffs properly pleaded all the elements for their monopolization claims and sustained 31 (of 32) state antitrust claims, 36 (of 36) consumer protection claims, and 42 (of 48) unjust enrichment claims.

CareFirst is represented by Lowey attorneys Peter D. St. Phillip, Uriel Rabinovitz, and Thomas Griffith.

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