Summary Judgment Granted In Union's Class Action About Fentanyl Pain Patches

PHILADELPHIA - A Pennsylvania federal judge on March 12 granted summary judgment in a fentanyl pain patch class action filed by two union health and welfare funds, finding that the plaintiffs did not show that they paid for any of the recalled, defective patches (American Federation of State County and...

Certification Of Indirect Purchaser Class In Wellbutrin XL Antitrust Case Stands

PHILADELPHIA - A federal judge in Pennsylvania on April 9 refused to reconsider her order granting certification of a class of indirect purchasers who are suing the producers and distributors of Wellbutrin XL for illegally conspiring to prevent generic versions of the drug from entering the American...

Lawsuit Dismissed Over Burning Fans, But Plaintiff Has Leave To File Again

PHILADELPHIA - Saying the plaintiff failed to marshal sufficient facts to support her consumer fraud claims, a Pennsylvania federal judge dismissed a putative class action over flaming box fans on April 10, but granted the plaintiff leave to refile ( Deborah Osness, individually and on behalf of all...

Vitamin Class Plaintiffs Can Seek Discovery Of Profits, Expenses

SAN DIEGO - A California federal judge on April 30 allowed plaintiffs in a vitamin class action to conduct discovery into defendant Bayer Corp.'s profits and expenses to possibly determine "restitutionary disgorgement" of profits (David Johns, et al. v. Bayer Corporation, et al., No. 3...

Sham Litigation Claims Against Wellbutrin XL Manufacturer, Distributor Fail

PHILADELPHIA - A federal judge in Pennsylvania on May 11 granted summary judgment to the producers and distributors of Wellbutrin XL on direct and indirect purchasers' claims that the defendants illegally conspired to prevent generic versions of the drug from entering the American market by filing...

$15M Class Settlement Reached In Bayer Combination Aspirin MDL In Brooklyn

BROOKLYN, N.Y. - Bayer Corp. LLC has agreed to settle a consumer fraud lawsuit involving its Bayer Aspirin with Heart Advantage and Bayer Women's Low Dose Aspirin + Calcium for $15 million, according to a May 16 preliminary approval motion filed in a New York federal multidistrict court (In Re: Bayer...

3rd Circuit: Reverse-Payment Settlements Are Subject To Rule-Of-Reason Analysis

PHILADELPHIA - Settlements involving a reverse payment from a name-brand manufacturer to a generic challenger to delay the entry date for marketing a generic drug are subject to the rule-of-reason test and not the scope-of-the-patent test, the Third Circuit U.S. Court of Appeals ruled July 16, saying...

Sham Litigation Claims Against Biovail Are Settled; Case Against GSK Continues

PHILADELPHIA - Biovail Corp., the manufacturer of the prescription antidepressant drug Wellbutrin XL, reached a $37.5 million settlement on July 23 with direct purchasers who claimed that Biovail illegally conspired to prevent generic versions of the drug from entering the American market by filing sham...

$15M Bayer Combination Aspirin Class Settlement Gains Preliminary Approval

BROOKLYN, N.Y. - A New York federal judge on July 23 preliminarily approved a $15 million refund class settlement for consumers who purchased Bayer Aspirin with Heart Advantage and Bayer Women's Low Dose Aspirin + Calcium (In Re: Bayer Combination Aspirin Products Marketing and Sales Practices Litigation...

Federal Judge Rules Failure To Test Pipe Dooms Class Action

ST. PAUL, Minn. - A Minnesota federal judge has dismissed a putative consumer fraud class action alleging that defective home plumbing leached lead into drinking water, saying Aug. 14 that although the company had engaged in a "bait and switch" regarding pipe it submitted for testing, the plaintiffs...

3rd Circuit Will Not Stay Mandate In Reverse-Payment Settlements Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 17 denied drug makers' motion to stay the mandate pending the filing of a petition for a writ of certiorari in the U.S. Supreme Court in a case in which the appeals court ruled that settlements involving a reverse payment from a name...

Class Is Certified In Blood Reagents Price- Fixing Litigation

PHILADELPHIA - A federal judge in Pennsylvania on Aug. 22 certified a class of direct purchasers of blood reagents on their claims that producers of blood reagents conspired to raise prices and allocate customers in violation of federal antitrust laws ( In re: Blood Reagents Antitrust Litigation , MDL...

Merck Agrees To Pay Millions To Settle Coppertone False Ad Class Suit

TRENTON, N.J. - Merck & Co. Inc., MSD Consumer Care Inc. and Merck Sharp & Dohme Corp. have agreed, via a settlement agreement filed in New Jersey federal court on Sept. 21, to stop using certain terms when labeling, promoting and advertising their Coppertone sunscreen products and pay between...

MDL Judge Won't Allow Texas To Intervene In Budeprion XL Settlement

PHILADELPHIA - The Pennsylvania federal judge overseeing the budeprion XL multidistrict litigation on Sept. 20 denied a motion by the Texas attorney general to intervene in an approved class settlement of litigation involving the generic version of Wellbutrin XL antidepressant ( In Re: Budeprion XL Marketing...

GlaxoSmithKline, Third-Party Payers' Antitrust Settlement Is Approved

PHILADELPHIA - A federal judge in Pennsylvania on Jan. 14 granted preliminary approval to a $21.5 million cash settlement on third-party payers' (TPP) class claims that GlaxoSmithKline PLC (GSK) engaged in a fraudulent scheme to extend patent protection for antidepressant drug Wellbutrin SR (In re...

Bayer Combination Aspirin Refund Class OKd, But Judge Denies 1 Cy Pres Recipient

BROOKLYN, N.Y. - A New York federal judge on April 8 certified a $15 million refund class settlement for consumers who purchased Bayer Aspirin with Heart Advantage and Bayer Women's Low Dose Aspirin + Calcium but denied approval of a cy pres distribution of any unused funds to the American Association...

$150M Settlement Receives Final Approval In Flonase Sham Litigation Case

PHILADELPHIA - A federal judge in Pennsylvania on June 14 granted final approval to a $150 million cash settlement between Flonase manufacturer GlaxoSmithKline PLC (GSK) and a certified class of 33 direct purchasers on the direct purchasers' claims that GSK filed a series of sham citizen petitions...

High Court Remands Reverse-Payment Settlement Cases To 3rd Circuit

WASHINGTON, D.C. - The U.S. Supreme Court on June 24 vacated the judgment of the Third Circuit in antitrust litigation involving the drug K-Dur and remanded for further consideration in light of its recent ruling in Federal Trade Commission v. Actavis, Inc., et al., in which it held that reverse-payment...

Calif. Cipro Purchasers Seek Approval Of Settlement With Bayer Over Pay-For-Delay

SAN DIEGO - California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on July 11 asked a state court to grant preliminary approval to their $74 million cash settlement with Bayer Corp. and Bayer AG (collectively, Bayer) on claims that Bayer...

Nexium End-Payers Granted Certification Of Damages Class, Not Injunctive Class

BOSTON - A federal judge in Massachusetts on Nov. 14 certified a damages class of end-payers that purchased or provided reimbursements for Nexium on the end-payers' antitrust and consumer protection claims contending that the manufacturer of the heartburn medication and generic drug manufacturers...

California Cipro Purchasers' Settlement With Bayer Over Pay-For-Delay Is Approved

SAN DIEGO - A judge in California on Nov. 15 granted final approval to a $74 million cash settlement between Bayer Corp. and Bayer AG (collectively, Bayer) and California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on claims that Bayer paid...

Consumer Class Action Filed Against 23andMe For Genetic Test Kit Refunds

SAN DIEGO - A California resident on Nov. 27 filed a national class action lawsuit seeking refunds for what it says is a misleadingly advertised and unapproved at-home genetic testing kit called 23andMe (Lisa Casey, et al. v. 23andMe, INC., et al., No. 13-2847, S.D. Calif.).

Nexium Direct Purchasers Granted Class Certification In Pay-For-Delay Suit

BOSTON - A federal judge in Massachusetts on Dec. 11 certified a nationwide class of direct purchasers of Nexium on their antitrust claims contending that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the...

Juror May Not Be Struck Based On Sexual Orientation; New Antitrust Trial Ordered

SAN FRANCISCO - Equal protection prohibits peremptory strikes of potential jurors based on sexual orientation, the Ninth Circuit U.S. Court of Appeals ruled Jan. 21 in remanding for a new trial a case in which a federal jury in California found that Abbott Laboratories did not violate antitrust laws...