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Nexium Class Action

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

Patterson Belknap Webb & Tyler LLP

Two reverse-payment appeals to watch

It has been over three years since the Supreme Court’s Actavis decision. Since then, numerous putative class actions alleging harm to competition as a result of “reverse-payment” settlements have flooded the courts. The...more

Pierce Atwood LLP

The Supreme Court's Vindication of The In re Nexium Dissent

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We have commented previously on several aspects of the Supreme Court’s recent decision in Tyson Foods. One additional important aspect that deserves special attention in the First Circuit is the issue of how to cull...more

Pierce Atwood LLP

Comcast and its Discontents

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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

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2015

In This Issue: - Nexium and the Problems of Overbroad Class Actions - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to Strike/Dismiss...more

Robinson & Cole LLP

Can A Certified Class Include Uninjured Parties? First Circuit Majority Says “Yes,” In Some Instances

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One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not have standing to sue. ...more

Pierce Atwood LLP

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

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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

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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

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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

Dr. Reddy’s Laboratories Settles on Eve of Trial – Agrees to Cooperate with Plaintiffs

Much has happened since our last post on the Nexium “pay for delay” class action lawsuit. Jury selection began in the District of Massachusetts on Monday, October 20, 2014. The day prior, one of the generic drug makers, Dr....more

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