From In re Zyprexa Prods. Liab. Litig., 2008 U.S. Dist. LEXIS 71037 (E.D.N.Y. Sept. 5, 2008):
Dr. Rosenthal also estimated unjust enrichment damages--with lower-and upper-bound estimates of $ 3.7 billion and $ 7.1 billion--over the class period. See Rosenthal Decl. 44-47. Her calculations are not discussed further here since the unjust enrichment cause of action has been rejected. Unjust enrichment is not available under civil RICO. See 18 U.S.C. § 1964(c) ("damages he sustains").
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