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Antitrust Litigation Nexium

Pierce Atwood LLP

Ascertainability & In Re Nexium – The Side-Effects Continue

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As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

Pierce Atwood LLP

Comcast and its Discontents

Pierce Atwood LLP on

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

Pierce Atwood LLP

In re Nexium: The heartburn drug case that may cause heartburn

Pierce Atwood LLP on

In a November 30, 2013 post, we wrote about the District of Massachusetts' class certification decision in the antitrust case, In re Nexium. There, the district court certified a class of consumers and other payors who...more

Pierce Atwood LLP

In re Nexium Antitrust Litigation – A Mixed Prescription

Pierce Atwood LLP on

As my colleague Don Frederico noted in his January 24th post, a divided First Circuit panel recently affirmed the district court’s class certification decision in In re Nexium Antitrust Litigation. In so doing, the First...more

Pierce Atwood LLP

The effect of the Nexium decision on product defect class actions

Pierce Atwood LLP on

The First Circuit’s split decision last week affirming class certification in the Nexium antitrust case is sure to receive much attention in product defect class actions. Over the last several years, a chief battleground in...more

Troutman Pepper

First Circuit Upholds Class Certification in Nexium Indirect Purchaser Case

Troutman Pepper on

In a split decision, the U.S. Court of Appeals for the First Circuit affirmed the certification of a class of indirect purchasers who allege that they paid inflated prices for the heartburn drug Nexium. In re Nexium Antitrust...more

Patterson Belknap Webb & Tyler LLP

In re: Nexium Plaintiffs Seek New Trial

As reported previously, the first post-Actavis jury verdict in a “reverse payment” antitrust case handed a win to the defendants. Now, plaintiffs in In re: Nexium (Esomeprazole) Antitrust Litigation have moved for a new...more

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