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Hosp. Auth. of Metro. Gov't of Nashville & Davidson Cty. v. Momenta Pharms.

United States District Court for the Middle District of Tennessee, Nashville Division

September 20, 2019, Filed

No. 3:15-cv-01100

Opinion

 [*397]  MEMORANDUM OPINION

Pending before the Court is Nashville General Hospital ("NGH") and American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan's ("DC 37") (collectively "Plaintiffs") Renewed Motion for Class Certification and Appointment of Class Counsel. (Doc. No. 349.) Momenta Pharmaceuticals, Inc. ("Momenta") and Sandoz Inc. ("Sandoz") (collectively "Defendants") have responded in opposition (Doc. No. 361) and also filed a Motion to Exclude the Report and Opinions of Plaintiffs' Expert Dr. Russell L. Lamb (Doc. No. 360). Plaintiffs filed both a reply in support of their renewed class certification motion (Doc. No. 369) and a response to Defendants' Motion to Exclude (Doc. No. 367). The Court held an evidentiary hearing on these motions on July 12, 2019. After the evidentiary hearing, [**3]  the Court requested post-hearing briefs from the parties, which have been filed. (Doc. Nos. 384, 387.) At the Court's count, there have been no fewer than seven briefs regarding class certification, one aborted evidentiary hearing, amendment of the class definition, and one full evidentiary hearing. Needless to say, these issues are ripe and ready to be decided. For the reasons that follow, the Court will deny Defendants' Motion to Exclude the Report and Opinions of Plaintiffs Expert Dr. Russell L. Lamb and grant Plaintiffs' Renewed Motion for Class Certification.

A. Procedural Background1

On October 14, 2015, NGH filed its initial complaint against the Defendants, alleging four separate counts under the Sherman Antitrust Act ("Sherman Act"). (Doc. No. 1.) NGH sought damages, as well as declaratory and injunctive relief. (Id. at 27.) NGH brought its claims on behalf of itself and a nationwide class of persons and entities, pursuant to the Class Action Fairness Act of 2005 ("CAFA") and Fed. R. Civ. P. 23(a) and (b). (Id. at 6, 21.) As explained in more detail in Section B infra, the alleged Sherman Act violations centered on the role that Defendants played in a conspiracy to monopolize the production and distribution of enoxaparin, [*398]   [**4]  a generic version of the drug Lovenox®. (Id. at 4-23.)

In response to the complaint, Defendants filed a motion to transfer the case to the District of Massachusetts and a Motion to Dismiss. (Doc. Nos. 65, 68.) Momenta additionally filed a separate Motion to Dismiss or Transfer for Improper Venue. (Doc. No. 62.) On September 29, 2016, Magistrate Judge Barbara Holmes entered a Report and Recommendation recommending that the motions be denied. (Doc. No. 114.) Defendants filed joint and separate objections to the Report and Recommendation. (Doc. Nos. 117, 119.) On March 21, 2017, the Court issued a Memorandum Opinion that adopted in part and declined to adopt in part the Report and Recommendation. (Doc. No. 134.) The Court dismissed NGH's Sherman Act claims on the ground that NGH did not have standing to seek damages under the "indirect purchaser rule." (Id. at 8-14.) However, NGH's Sherman Act claims were permitted to proceed on declaratory and injunctive theories of relief. (Id. at 16.)

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333 F.R.D. 390 *; 2019 U.S. Dist. LEXIS 160835 **; 2019-2 Trade Cas. (CCH) P80,928; 2019 U.S.P.Q.2D (BNA) 354701; 2019 WL 4573433

THE HOSPITAL AUTHORITY OF METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, d/b/a NASHVILLE GENERAL HOSPITAL and AMERICAN FEDERATION OF STATE, COUNTY AND MUNICPAL EMPLOYEES DISTRICT COUNCIL 37 HEALTH & SECURITY PLAN, Plaintiffs, v. MOMENTA PHARMACEUTICALS, INC. and SANDOZ INC., Defendants.

Prior History: Hosp. Auth. of Metro. Gov't v. Momenta Pharms., Inc., 2016 U.S. Dist. LEXIS 136004 (M.D. Tenn., Sept. 29, 2016)

CORE TERMS

enoxaparin, certification, antitrust, overcharge, predominance, pharmacies, retail, conspiracy, reliable, anticompetitive, manufacturers, chain, class-wide, patients, channel, wholesalers, non-retail, uninsured, evidentiary, pharmaceutical, reimbursement, consumer, indirect, patent, inflated, Renewed, prescription, Memorandum, uninjured, absorbed