In Re: Opana ER Antitrust Litigation
Case Number: 1:14-cv-10150
Court: Northern District of Illinois
Judge: Harry D. Leinenweber
Status: Pending
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.