In re: Namenda Direct Purchaser Litigation

Case Number:  15-cv-07488
Court:  Southern District of New York
Judge:  Colleen McMahon
Status:  Settled

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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  1. First Amended Class Action Complaint
  2. Opinion on Class Certification and Summary Judgment
  3. Settlement Agreement
  4. 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
  5. 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
  6. 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
  7. Order Granting Preliminary Approval of Settlement
  8. Plan of Allocation
  9. Declaration Dr. Russell L. Lamb Related to Proposed Settlement Allocation Plan
  10. Class Notice
  11. Notice of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for Named Plaintiffs
  12. Memorandum of Law in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for Named Plaintiffs
  13. Declaration of Bruce E. Gerstein in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for Named Plaintiffs
  14. Declaration of Charles Silver in Support of Class Counsel's Motion for Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for Named Plaintiffs
  15. Class Counsel's Notice of National Wholesalers Fee Objection Withdrawal and Brief in Further Support of Class Counsels Fee Request
  16. 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
  17. Notice of Direct Purchaser Class Plaintiffs' Memorandum of Law in Support of Motion for Final Approval of Proposed Settlement
  18. Direct Purchaser Class Plaintiffs' Memorandum of Law in Support of Motion for Final Approval of Proposed Settlement
  19. Order Scheduling Fairness Hearing Remotely
  20. Opinion and Order Approving the Settlement
  21. Opinion and Order Regarding Plaintiffs' Motion for Attorneys Fees, Expenses and Incentive Awards
  22. Claim Form
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