The Michigan Supreme Court took a critical step Thursday toward taking on the question of whether Eli Lilly can be investigated by the state for alleged insulin price gouging.
The pharmaceutical giant is a target of Michigan Attorney General Dana Nessel, but she is blocked by lower court rulings that say she does not have that authority under the Michigan Consumer Protection Act. The fact that the question has landed before the state’s highest court is no surprise based on the precedents that are being challenged.
The Michigan Court of Appeals determined that the attorney general’s effort is blocked by the consumer protection law that creates other avenues for relief.
Nessel would like the Supreme Court to overturn those rulings and clear a path for her to seek investigative subpoenas. Nessel’s office did not respond to a request for comment, but Eli Lilly corporate communications director Carrie Munk said the lower courts got it right.
“The Michigan Court of Appeals correctly concluded that the Attorney General's claims must be dismissed under long-settled law,” she said in an emailed statement.