Archives: Settlements
In re: Seroquel XR (Extended Release Quetiapine Fumarate) Antitrust Litigation
On February 6, 2024, the court in In re: Seroquel XR (Extended Release Quetiapine Fumarate) Antitrust Litigation, No. 20-1076-CFC, certified a class of persons or entities who directly purchased 50mg, 150mg, 200mg, and/or 300mg strength of brand or generic Seroquel XR tablets between August 2, 2015 and April 30, 2017, and appointed Garwin Gerstein & Fisher LLP lead counsel for the class. Defendants are (a) AstraZeneca Pharmaceuticals L.P., AstraZeneca L.P. (collectively, “AstraZeneca”), (b) Handa Pharmaceuticals, LLC (“Handa”), and (c) Par Pharmaceutical, Inc. (“Par”). Plaintiffs allege that Defendants violated the Sherman Act when AstraZeneca and its generic competitor, Handa, entered into an anticompetitive reverse payment settlement agreement delaying generic competition for Seroquel XR, thereby maintaining the price of Seroquel XR at supra-competitive levels. Par joined the alleged illegal contract, combination and conspiracy in restraint of trade when it acquired the rights to Handa’s generic Seroquel XR. Plaintiffs are seeking damages in the form of overcharges that class members paid to Defendants as a result of the misconduct.
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In re Lipitor Antitrust Litigation
Direct Purchaser Class Plaintiffs filed a lawsuit alleging that Pfizer and Ranbaxy violated federal antitrust laws by unlawfully impairing and delaying the introduction of generic versions of the prescription drug Lipitor into the United States market. Direct Purchaser Class Plaintiffs alleged that absent the unlawful conduct, Ranbaxy would have launched generic Lipitor earlier than November 30, 2011, the date on which Ranbaxy actually launched Lipitor. Direct Purchaser Class Plaintiffs allege that the prices for brand and generic Lipitor were higher than they would have been absent the challenged unlawful conduct.
Pfizer and Ranbaxy deny all of Direct Purchaser Class Plaintiffs’ allegations, including claims for damages or any other relief.
The litigation is pending in the United States District Court for the District of New Jersey before Judge Peter J. Sheridan.
On February 14, 2024, Direct Purchaser Class Plaintiffs filed a motion seeking certification of a settlement class, and preliminary approval for a proposed settlement of $93 million between Direct Purchaser Class Plaintiffs and Pfizer. Ranbaxy is not part of the proposed settlement. Direct Purchaser Class Plaintiffs’ claims against Ranbaxy remain pending.
On March 11, 2024, Judge Sheridan granted preliminary approval to the proposed settlement with Pfizer, and scheduled a fairness hearing for June 12, 2024.
The complaint against Pfizer and Ranbaxy, Direct Purchaser Class Plaintiffs’ proposed settlement with Pfizer, Judge Sheridan’s preliminary approval order, and associated documents, can be found in the links below.
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- Complaint
- Direct Purchaser Class Plaintiffs' Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for Fairness Hearing
- Memorandum of Law in Support of Direct Purchaser Class Plaintiffs' Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for Fairness Hearing
- Declaration of Peter S. Pearlman in Support of Direct Purchaser Class Plaintiffs' Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for Fairness Hearing
- Exhibit 1 - Settlement Agreement
- Exhibit 2 - Proposed Plan of Allocation
- Exhibit 3 - Declaration of Jeffrey J. Leitzinger, Ph.D. Related to Proposed Allocation Plan and Net Settlement Fund Allocation
- Exhibit 4 - Declaration of William W. Wickersham of RG/2 Claims Administration in Support of Direct Purchaser Class Plaintiffs' Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for Fairness Hearing
- Proposed Order
- Order Granting Direct Purchaser Class Plaintiffs' Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for Fairness Hearing
- Notice of Settlement
- Claim Form
- Notice of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Memorandum in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit A to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit B to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit C to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit D to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit E to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit F to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit G to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit H to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit I to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit J to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit K to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit L to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit M to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit N to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit O to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Exhibit P to Declaration of Peter S. Pearlman in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Supplemental Declaration of Gregory T. Arnold on Behalf of Hagens Berman Sobol Shapiro LLP in Support of Direct Purchaser Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Letter to the Honorable Peter G. Sheridan regarding Supplemental Declaration of Gregory T. Arnold on Behalf of Hagens Berman Sobol Shapiro LLP in Support of Direct Purchaser Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards to Named Plaintiffs
- Motion for Final Approval of Class Action Settlement
- Direct Purchaser Class Plaintiffs' Memorandum of Law in Support of Motion for Final Approval of Settlement
- Declaration of Peter S. Pearlman in Support of Motion for Final Approval of Class Action Settlement
- Proposed Order Granting Final Judgment and Order of Dismissal Approving Settlement and Dismissing Direct Purchaser Class Plaintiffs' Claims Against Pfizer
In Re: Novartis and Par Antitrust Litigation
Garwin Gerstein & Fisher LLP was named lead class counsel on behalf of a class of direct purchasers of brand or generic Exforge tablets. Defendants are Novartis Pharmaceuticals Corp. and Novartis AG (collectively, “Novartis”). Plaintiffs allege that Defendants violated the Sherman Act when Novartis and its generic competitor, Par Pharmaceutical, Inc., entered into an anticompetitive reverse payment license agreement delaying generic competition for Exforge, thereby maintaining the price of Exforge at supra-competitive levels, and overcharging plaintiffs and members of the class. Plaintiffs are seeking overcharge damages incurred by the class caused by Defendants’ misconduct.
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- Complaint
- Motion for Certification of a Settlement Class, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement with Novartis Pharmaceuticals Corporation and Novartis AG, Approval of the Form and Manner of Notice to the Class, and a Proposed Schedule for a Fairness Hearing
- DECLARATION OF BRUCE E. GERSTEIN IN SUPPORT OF DIRECT PURCHASER CLASS PLAINTIFFS’ UNOPPOSED MOTION FOR CERTIFICATION OF A SETTLEMENT CLASS, APPOINTMENT OF CLASS COUNSEL, PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, APPROVAL OF THE FORM AND MANNER OF NOTICE TO THE CLASS AND PROPOSED SCHEDULE FOR A FAIRNESS HEARING
- Memorandum of Law in Support of Motion for Certification of a Settlement Class, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement with Novartis Pharmaceuticals Corporation and Novartis AG, Approval of the Form and Manner of Notice to the Class, and a Proposed Schedule for a Fairness Hearing
- Order Granting Motion for Certification of a Settlement Class, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement with Novartis Pharmaceuticals Corporation and Novartis AG, Approval of the Form and Manner of Notice to the Class, and a Proposed Schedule for a Fairness Hearing
- Notice to Class
- Notice of Direct Purchaser Class Counsel’s Motion for an Award of Attorneys’ Fees, Reimbursement of Expenses, and Service Awards for the Class Representatives
- Memorandum of Law in Support of Direct Purchaser Class Counsel’s Motion for an Award of Attorneys’ Fees, Reimbursement of Expenses, and Service Awards for the Class Representatives
- Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Counsel’s Motion for an Award of Attorneys’ Fees, Reimbursement of Expenses, and Service Awards for the Class Representatives
- Exhibit A - Sorensen Declaration
- Exhibit B - Kohn Declaration
- Exhibit C - Gerstein Declaration
- Exhibit D - Chorush Declaration
- Exhibit E - Des Roches Declaration
- Exhibit F - Raphael Declaration
- Exhibit G - McCahill Declaration
- Exhibit H - Roberts Declaration
- Exhibit I - Germaine Declaration
- Exhibit J - Rutledge Declaration
- Revised Proposed Order Granting Final Judgment and Order of Dismissal Approving Direct Purchaser Class Settlement and Dismissing Direct Purchaser Class Claims
- ORDER GRANTING FINAL JUDGMENT AND ORDER OF DISMISSAL APPROVING DIRECT PURCHASER CLASS SETTLEMENT AND DISMISSING DIRECT PURCHASER CLASS CLAIMS
- Proof of Claim and Release Form
In Re: Opana ER Antitrust Litigation
Garwin Gerstein & Fisher LLP was named co-lead class counsel on behalf of a class of direct purchasers of brand or generic Opana ER 5, 10, 20, 30, and/or 40 mg tablets. Defendants are (a) Endo Health Solutions Inc., Endo Pharmaceuticals Inc., and Penwest Pharmaceuticals Co. (collectively, “Endo”) and (b) Impax Laboratories, Inc. (“Impax”). Plaintiffs allege that Defendants violated the Sherman Act when Endo and its generic competitor, Impax, entered into an anticompetitive reverse payment settlement agreement delaying generic competition for Opana ER, thereby maintaining the price of Opana ER at supra-competitive levels, and overcharging plaintiffs and members of the class. Plaintiffs are seeking overcharge damages incurred by the class caused by Defendants’ misconduct.
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- Order [End Payor Plaintiff's and Direct Purchaser Plaintiff's Motion to Certify Class are Granted]
- Notice For Class Certification Mailing
- Notice of Direct Purchaser Class Plaintiffs' Motion For Preliminary Approval Of Proposed Settlement, Approval Of The Form And Manner Of Notice To The Class And Proposed Schedule For A Fairness Hearing
- Direct Purchaser Class Plaintiffs' Memorandum Of Law In Support of Motion For Preliminary Approval Of Proposed Settlement, Approval Of The Form And Manner Of Notice To The Class And Proposed Schedule For A Fairness Hearing
- Declaration of Bruce E. Gerstein In Support Of Direct Purchaser Class Plaintiffs' Motion For Preliminary Approval Of Proposed Settlement, Approval Of The Form And Manner Of Notice To The Class And Proposed Schedule For A Fairness Hearing
- Order Granting Direct Purchaser Class Plaintiffs' Motion For Preliminary Aproval Of Proposed Settlement, Approval Of The Form And Manner Of Notice To The Class And Proposed Schedule For A Fairness Hearing
- Settlement Notice
- Direct Purchaser Class Counsel's Motion for an Award of Attorneys' Fees, Reimbursement of Expenses, and Service Awards for the Class Representatives
- Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Counsel's Motion for an Award of Attorneys' Fees, Reimbursement of Expenses, and Service Awards for the Class Representatives
- Index of Exhibits
- Exhibit A - Letters of Support of one-third fee for Class Counsel, as submitted in prior cases
- Exhibit B - Transcript of Preliminary Approval Hearing, dated July 28, 2022
- Exhibit C - Declaration of David F. Sorensen on Behalf of Berger Montague PC
- Exhibit D - Declaration of Bruce E. Gerstein of Behalf of Garwin Gerstein & Fisher LLP
- Exhibit E - Declaration of Russell Allen Chorush on Behalf of Heim Payne & Chorush LLP
- Exhibit F - Declaration of Matthew P. McCahill on Behalf of Kaplan Fox & Kilsheimer
- Exhibit G - Declaration of David C. Raphael, Jr. on Behalf of Smith Segura Raphael & Leger, LLP
- Exhibit H - Declaration of Barry S. Taus on Behalf of Taus, Cebulash & Landau, LLP
- Exhibit I - Declaration of Joseph T. Lukens on Behalf of Faruqi & Faruqi LLP
- Exhibit J - Declaration of Andrew Kelly on Behalf of Odom & Des Ropches, LLC
- Exhibit K - Declaration of Joseph M. Vanek on Behalf of Sperling & Slater, PC and Vanek Vickers & Mansini PC
- Exhibit L - Declaration of Jordan M. Cramer on Behalf of Law Offices of J. Cramer, PC
- Minute Order setting Final Fairness Hearing by Phone
- Notice of Direct Purchaser Class Plaintiffs' Motion For Final Approval Of Proposed Settlement
- [Proposed] Order Granting Final Judgment And Order of Dismissal Approving Direct Purchaser Class Settlement And Dismissing Direct Purchaser Class Caims Against Impax Laboratories, Inc.
- Direct Purchaser Class Plaintiffs' Memorandum Of Law In Support Of Motion For Final Approval Of Proposed Settlement
- Declaration of Bruce E. Gerstein In Support Of Direct Purchaser Class Plaintiffs' Motion For Final Approval Of Proposed Settlement
- Exhibit 1 - Declaration of Tina Chiango, RG/2 Claims Administration LLC, Regarding Notice Of The Proposed Settlement To The Direct Purchaser Class
- Exhibit 2 - Dakota Drug, Inc. Letter to Judge Leinenweber
- Exhibit 3 - North Carolina Mutual Drug Co. Letter to Judge Leinenweber
- Exhibit 4 - Louisiana Wholesale Drug Co., Inc. Letter to Judge Leinenweber
- Exhibit 5 - Prescription Supply, Inc. Letter to Judge Leinenweber
- Exhibit 6 - Smith Drug Company Letter to Judge Leinenweber
- Exhibit 7 - Value Drug Co. Letter to Judge Leinenweber
- Order Granting Final Judgment And Order of Dismissal Approving Direct Purchaser Class Settlement And Dismissing Direct Purchaser Class Claims Against Impax Laboratories, Inc.
In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation
Direct Purchaser Class Plaintiffs allege that Defendant violated federal antitrust laws by engaging in unlawful conduct to delay and impair competition by generic bioequivalent versions of Suboxone® tablets. Direct Purchaser Class Plaintiffs allege that Defendant engaged in an unlawful, multifaceted scheme to destroy demand for Suboxone® tablets and coerce patients, physicians, and managed care entities away from Suboxone® tablets and over to Reckitt’s new Suboxone® film product, in order to force Direct Purchaser Class Plaintiffs and members of the Class (defined below) to purchase branded Suboxone® film instead of generic bioequivalent versions of Suboxone® tablets (which Plaintiffs allege were less expensive), once they became available on the market. Direct Purchaser Class Plaintiffs also allege that, in order to give itself more time to destroy demand for Suboxone® tablets and move sales over to Suboxone® film, Defendant delayed the market entry of generic Suboxone tablets by manipulating FDA’s Risk Evaluation and Mitigation Strategy process. Direct Purchaser Class Plaintiffs allege that they and the other members of the Class were injured by being overcharged because of losing the opportunity to purchase less expensive, generic bioequivalent versions of Suboxone® tablets in place of the more expensive branded Suboxone® tablets and film, and by paying higher prices for Suboxone® tablets.
Defendant denies these allegations, and denies that any Class member is entitled to damages or other relief. Defendant also denies that any of its conduct violated any applicable law or regulation.
On October 30, 2023, Judge Mitchell S. Goldberg, who is presiding over the litigation, granted preliminary approval to a proposed $385 million settlement on behalf of the previously certified class of direct purchaser plaintiffs. A hearing on final approval of the proposed settlement was held on February 27, 2024, at the United States District Court for the Eastern District of Pennsylvania, James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA, 19106. On February 27, 2024, after the hearing on final approval, final approval to the settlement was granted.
The settlement, and associated information, can be found in the documents below.
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- Complaint
- District Court's Class Certification Order and Memorandum
- Third Circuit Order Affirming District Court's Class Certification Decision
- Direct Purchaser Class Plaintiffs' Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Memorandum of Law
- Declaration of Bruce E. Gerstein
- Exhibit 1 to the Declaration of Bruce E. Gerstein (Settlement Agreement, Proposed Preliminary and Final Approval Orders, Escrow Agreement)
- Exhibit 2 to the Declaration of Bruce E. Gerstein (Proposed Plan of Allocation for the Direct Purchaser Class)
- Exhibit 3 to the Declaration of Bruce E. Gerstein (Declaration Related to Proposed Plan of Allocation for the Direct Purchaser Class)
- Order Granting Direct Purchaser Class Plaintiffs' Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Notice of Settlement
- Claim Form
- Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Memorandum of Law in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Exhibit A to Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Exhibit B to Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Exhibit C to Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Exhibit D to Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Exhibit E to Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Exhibit F to Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Exhibit G to Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Exhibit H to Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Exhibit I to Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Named Plaintiffs
- Notice of Class Counsel's Supplemental Submission Regarding Class Counsel's Motion for an Award of Attorneys' Fees, Reimbursement of Expenses and Service Awards for the Class Representatives
- Notice of Joinder by Class Representative Rochester Drug Co-Operative, Inc. and Absent Class Member Miami-Luken, Inc.
- Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Memorandum of Law in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Exhibit 1 to Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Exhibit 2 to Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Exhibit 3 to Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Exhibit 4 to Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Exhibit 5 to Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Exhibit 6 to Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Exhibit 7 to Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Exhibit 8 to Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Plaintiffs' Motion for Final Approval of Proposed Settlement
- Proposed Order Granting Final Judgment and Order of Dismissal Approving Direct Purchaser Class Settlement and Dismissing Direct Purchaser Class Claims
- Memorandum Opinion
- Order Granting Final Judgment and Order of Dismissal Approving Direct Purchaser Class Settlement and Dismissing Direct Purchaser Class Claims
In re: Namenda Direct Purchaser Litigation
Garwin Gerstein & Fisher LLP served as co-lead counsel on behalf of a class of direct purchasers. A $750 million settlement was reached in 2019.
Direct Purchaser Plaintiffs alleged that Forest Laboratories, LLC, Actavis plc, Forest Laboratories, Inc., and Forest Laboratories Holdings Ltd. (“Forest” or “Defendants”) violated federal antitrust laws by unlawfully delaying the introduction of generic versions of the prescription drug Namenda IR into the United States market, causing injury to direct purchaser plaintiffs and members of the class by depriving them of the opportunity to purchase lower-priced generic versions of Namenda. The lawsuit claimed that, among other things, Forest engaged in a “hard switch” to shift the market to brand Namenda XR prior to the generic entry of Namenda IR, and that Forest entered into a “reverse payment” agreement with Mylan Pharmaceuticals Inc. to agree to delay Mylan’s and other generic manufacturers’ launch of generic Namenda IR. Plaintiffs argued that, as a result of these actions, Forest willfully maintained monopoly power in the market for Namenda IR in the United States, thereby maintaining the price of Namenda IR at supra-competitive levels, and overcharging plaintiffs and members of the proposed class.
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- First Amended Class Action Complaint
- Opinion on Class Certification and Summary Judgment
- Settlement Agreement
- Notice of Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Memorandum in Support of Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Declaration of Bruce Gerstein in Support of Direct Purchaser Class Plaintiffs’ Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Order Granting Preliminary Approval of Settlement
- Plan of Allocation
- Declaration Dr. Russell L. Lamb Related to Proposed Settlement Allocation Plan
- Class Notice
- Notice of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for Named Plaintiffs
- Memorandum of Law in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for Named Plaintiffs
- Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for Named Plaintiffs
- Declaration of Charles Silver in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for Named Plaintiffs
- Class Counsel's Notice of National Wholesalers Fee Objection Withdrawal and Brief in Further Support of Class Counsels Fee Request
- Supplemental Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for the Named Plaintiffs
- Notice of Direct Purchaser Class Plaintiffs' Memorandum of Law in Support of Motion for Final Approval of Proposed Settlement
- Direct Purchaser Class Plaintiffs' Memorandum of Law in Support of Motion for Final Approval of Proposed Settlement
- Order Scheduling Fairness Hearing Remotely
- Opinion and Order Approving the Settlement
- Opinion and Order Regarding Plaintiffs' Motion for Attorneys Fees, Expenses and Incentive Awards
- Claim Form
- Direct Purchaser Class Plaintiffs' Motion for an Order of Distribution
- Memorandum in Support of Direct Purchaser Class Plaintiffs' Motion for an Order of Distribution
- Letter to Judge Colleen McMahon attaching Corrected Declaration of Phil Mattoon of Rust Consulting, Inc. in Support of Direct Purchaser Class Plaintiffs' Motion ofor an Order of Distribution
- Direct Purchaser Class Plaintiffs' Notice that No Response or Opposition Has Been Filed to Direct Purchaser Class Plaintiffs' Motion for an Order of Distribution
- Order Approving Direct Purchaser Class Plaintiffs' Motion for an Order of Distribution
In re Lidoderm Antitrust Litigation
Garwin Gerstein & Fisher was appointed co-lead counsel of the Direct Purchaser Class. A $166 million settlement was achieved on behalf of the Class.
The Direct Purchaser Class Plaintiffs alleged that Defendants violated federal antitrust laws by entering into an anticompetitive agreement that delayed or blocked the market entry of less expensive, generic versions of Lidoderm. Specifically, the Direct Purchaser Class Plaintiffs alleged that Endo and Teikoku agreed to pay Watson with brand Lidoderm patches and by agreeing not to start selling an authorized generic version of Lidoderm until 7.5 months after Watson launched its generic Lidoderm. Direct Purchaser Class Plaintiffs further alleged that, in exchange for these payments, Watson agreed to delay selling its generic version of Lidoderm, thereby reducing competition from less expensive generic versions of Lidoderm. Direct Purchaser Class Plaintiffs alleged that they were injured because they were overcharged for their purchases of brand and/or generic Lidoderm because of the delay in the availability of less expensive, generic versions of Lidoderm, including an authorized generic Lidoderm.
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- Complaint
- Class Certification Order
- Notice of Class Certification
- Order Preliminarily Approving Settlement
- Order Finally Approving Settlement and Entering Final Judgment
In re: Prograf Antitrust Litigation
Garwin Gerstein & Fisher LLP served as co-lead counsel on behalf of a class of direct purchasers. A $98 million settlement was reached in 2015.
Direct Purchaser Plaintiffs alleged that Astellas Pharma US, Inc. violated federal antitrust laws by unlawfully delaying the introduction of generic versions of the prescription drug Prograf into the United States market, causing injury to direct purchaser plaintiffs and members of the class by depriving them of the opportunity to purchase lower-priced generic versions of Prograf. The lawsuit claimed that, among other things, Astellas filed a baseless Citizen Petition with the FDA, which delayed the approval of generic Prograf. Plaintiffs argued that, as a result of this action, Astellas willfully maintained monopoly power in the market for Prograf in the United States, thereby maintaining the price of Prograf at supra-competitive levels, and overcharging plaintiffs and members of the proposed class.
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In re Neurontin Antitrust Litigation
Serving as co-lead counsel, Garwin Gerstein & Fisher LLP achieved a $190 million recovery for the Direct Purchaser Class.
Direct purchasers claimed that Pfizer violated federal antitrust laws by illegally delaying the entry of generic versions of the prescription drug Neurontin. The active ingredient in Neurontin is gabapentin anhydrous. The lawsuit claimed that Pfizer delayed competition from less expensive generic versions of Neurontin by executing a multifaceted scheme involving, among other things, improperly listing certain patents with the U.S. Food and Drug Administration. engaging in illegal promotion and sales of Neurontin for unapproved uses, filing and maintaining sham litigations with respect to certain patents, and making misrepresentations to the patent courts. Plaintiffs alleged that through its scheme, Pfizer was able to maintain its monopoly in the market for gabapentin anhydrous, improperly causing direct purchasers of Neurontin to pay artificially inflated prices for gabapentin products.
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- Settlement & Class Notice
- Settlement Agreement
- Motion for Preliminary Approval of Settlement
- Motion for Attorneys Fees, Reimbursement of Expenses, & Incentive Awards
- Motion for Final Approval of Settlement
- Final Judgment and Order of Dismissal Approving Settlement
In re Nexium (Esomeprazole) Antitrust Litigation
Garwin Gerstein & Fisher LLP was appointed co-lead counsel on behalf of the direct purchaser class in In re Nexium (Esomeprazole) Antitrust Litigation. Nexium was the first reverse payment case to proceed to trial after the Supreme Court’s decision in FTC v. Actavis, 570 U.S. 136 (2013). Plaintiffs settled with one defendant (Dr. Reddy’s) prior to trial, and settled with a second defendant (Teva) during the trial but before the jury verdict. Under the Dr. Reddy’s settlement, Dr. Reddy’s agreed to provide various forms of cooperation to plaintiffs during the trial involving the remaining defendants. The Teva settlement provided for the payment of $24 million dollars for the benefit of the Direct Purchaser Class and two other groups of plaintiffs, the Individual Retailer Plaintiffs and the End-Payor Class, which litigated this action alongside the Direct Purchaser Class.
The lawsuit claimed that defendants violated federal antitrust laws by unlawfully delaying the introduction of generic versions of the prescription drug Nexium into the United States market, causing injury to Direct Purchaser Class Plaintiffs and members of the Direct Purchaser Class by causing them to pay higher prices for Nexium.
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- Settlement Agreement with Dr. Reddy's
- Order Preliminarily Approving Settlement with Dr. Reddy's
- Settlement Agreement with Teva
- Order Preliminarily Approving Settlement with Teva
- Motion for Expenses, Administrative Costs, and Incentive Awards
- Declaration of Co-Lead Counsel in Support of Motion for Expenses, Administrative Costs, and Incentive Awards
- Ex 7 - Faruqi & Faruqi Declaration
- Ex 8 - Grant & Eisenhofer Declaration
- Ex 9 - Heim Payne & Chorush Declaration
- Ex 10 - Odom & Des Roches Declaration
- Ex 11 - Radice Law Group Declaration
- Ex 12 - Smith Segura & Raphael Declaration
- Ex 13 - Taus Cebulash Declaration
- Ex 14 - Vanek Vickers Declaration
- Ex 15-A - Declaration of Notice & Claims Administrator (Rust Consulting)
- Ex 15-B - Declaration of Susan Segura
- Ex 15-C - Declaration of Peter Kohn
- Ex 15-D - Declaration of David Nalven
- Ex 15-E - Declaration of David Germaine
- Ex 16 - Kenny Nachwalter Declaration
- Ex 17 - Hangley Declaration
- Ex 18 - Marcus & Shapira Declaration
- Ex 19 - Wexler Wallace Declaration
- Ex 20 - Hilliard & Shadowen Declaration
- Ex 21 - Cohen Milstein Declaration
- Ex 22 - Pomerantz Declaration
- Ex 23 - Girard Gibbs Declaration
- Ex 24 - McKool Smith Declaration
- Ex 25 - Shepherd Finkelman Declaration
- Ex 26 - Scott & Scott Declaration
- Ex 27 - Goldman Scarlato Declaration
- Ex 28 - Dugan Law Firm Declaration
- Ex 29 - Hach Rose Declaration
- Ex 30 - Schneider Wallace Declaration
- Ex 31 - Motley Rice Declaration
- Ex 32 - Shapiro Haber Declaration
- Ex 33 - Leonard Carder Declaration
- Ex 34 - Berman DeValerio Declaration
- Ex 35 - Weinstein Kitchenoff Declaration
- Ex 36 - Trujillo Rodriguez Declaration
- Final Judgment and Order of Dismissal Approving Dr. Reddy's Settlement
- Final Judgment and Order of Dismissal Approving Teva Settlement
- Order Granting Expenses, Administrative Costs, and Incentive Awards