Teva Seeks to Bar References to Israeli Identity in Generic Drug Price-Fixing Trial, Citing Gaza War Prejudice
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Teva Pharmaceuticals has asked a Philadelphia federal court to prevent Humana from identifying it as an Israeli company during an upcoming price-fixing trial, arguing the Gaza war has created widespread anti-Israel sentiment that could prejudice jurors.
The trial, scheduled to begin September 15, involves allegations that Teva and other drug makers conspired to inflate prices of generic drugs including baclofen and propranolol.
Teva cited polling showing 60% of Americans hold a negative view of Israel and pointed to campus protests and acts of violence against Israel-affiliated entities as evidence of potential juror bias.
Teva Pharmaceuticals has petitioned a U.S. federal judge to prohibit insurer Humana from referencing the company's Israeli origins during an upcoming generic drug price-fixing trial, asserting that heightened public sentiment surrounding the Gaza war could undermine its right to an impartial jury.
In a filing submitted Wednesday in the U.S. District Court for the Eastern District of Philadelphia, the Tel Aviv-based pharmaceutical giant argued that its national origins are irrelevant to the central question of whether it participated in an alleged conspiracy to artificially inflate generic drug prices.
"In the period of almost three years since the start of the Gaza War, anything connected with Israel has been subject to the highest levels of controversy, with emotions running high," Teva stated in its filing.
Trial Set for September
Teva, one of Israel's largest companies, is among several drug manufacturers slated to face the first trial in this long-running litigation. Proceedings are scheduled to commence on September 15 and conclude by late October. Teva's U.S.-based subsidiary is named as a defendant in the lawsuit.
The company has denied allegations brought by Louisville, Kentucky-based Humana that it conspired with other drug makers to keep prices of certain medications artificially high. The drugs at issue include the muscle relaxant baclofen and the blood pressure medication propranolol.
Citing Public Opinion and Safety Concerns
To support its motion, Teva pointed to a recent opinion poll indicating that 60% of Americans hold a negative view of Israel. The drug maker also referenced U.S. college campus protests over Israel and documented acts of violence against individuals and institutions perceived as affiliated with the country.
In a statement, Teva said its corporate origin was irrelevant to the case and that "references to a foreign parent company are potentially prejudicial."
The filing underscores how far-reaching tensions over the war in Gaza — triggered by Hamas' October 2023 attack on Israel and the subsequent Israeli military assault on the Gaza Strip — have become in the United States, including potentially complicating a company's ability to defend itself before randomly selected jurors.
Humana's Counter-Motion
In a separate filing, Humana urged the court to bar the drug company defendants from introducing "inflammatory argument or evidence regarding health insurance companies generally," including any evidence of denied claims. Humana's motion cited the 2024 shooting death of UnitedHealthcare chief executive Brian Thompson, noting that the alleged shooter reportedly wrote the word "deny" on a bullet casing.
Humana declined to comment on the proceedings.
Companies and other parties in lawsuits routinely ask judges to limit what jurors can hear during trials, arguing that certain evidence could unfairly sway a jury's deliberations. The court has not yet ruled on either motion.