3rd Circ. Denies GSK Rehearing Bid In Flonase Antitrust Suit

The Third Circuit on Wednesday said it won’t reconsider its decision to let Louisiana sue GlaxoSmithKline for allegedly blocking a generic version of its nasal spray Flonase despite the state not actively opting out of a 2013 class action settlement.

The drugmaker had argued in January that a three-judge panel "devastated" the settlement process by requiring states to opt in while all other parties who wanted to bring their own suit had to opt out, and by taking away the idea that a settlement absolutely ended litigation...

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