Teva seeks order barring references to Israel in antitrust trial

Teva requested that no mention be made that Teva is headquartered in Tel Aviv, listed on the Tel Aviv Stock Exchange or is one of Israel’s largest companies.

By Vered Weiss, World Israel News

Teva Pharmaceuticals USA has asked a federal judge to bar any references to its Israeli identity during an upcoming antitrust trial, arguing that such information is irrelevant to the case and could unfairly prejudice jurors.

In a motion filed Wednesday in the U.S. District Court for the Eastern District of Pennsylvania, Teva said its status as an Israeli company has no bearing on allegations that it participated in a generic drug price-fixing and market-allocation conspiracy.

The company asked the court to prohibit Humana’s attorneys from mentioning that Teva is headquartered in Tel Aviv, listed on the Tel Aviv Stock Exchange or is one of Israel’s largest companies.

Teva argued that the company’s nationality does not make any disputed fact in the litigation “more or less probable” and therefore should be excluded under the Federal Rules of Evidence.

The filing also contends that references to Israel could unfairly influence jurors because of heightened public controversy surrounding the country since the start of the Gaza war in October 2023.

Citing recent Pew Research Center polling, Teva said 60% of Americans now hold unfavorable views of Israel, including 28% with “very unfavorable” opinions. Among Americans ages 18 to 34, the figure rises to 74%, the motion states.

The company also pointed to recent congressional primary campaigns, campus protest encampments, attacks targeting individuals and institutions associated with Israel, and boycott campaigns directed at Teva as evidence that references to Israel could create bias unrelated to the legal issues before the jury.

Teva argued that mentioning its Israeli identity could encourage jurors to base their verdict on emotion or prejudice rather than the evidence presented at trial.

The motion asks Judge Cynthia M. Rufe to grant an order preventing Humana and its attorneys from referring to Teva as an Israeli company during arguments or witness questioning in the multidistrict litigation.