Zetia Buyers Granted Cert. Despite Small Class Size

By Bryan Koenig (August 24, 2020, 5:28 PM EDT) -- A Virginia federal judge granted class certification Friday to Zetia direct buyers accusing Merck and Glenmark Pharmaceuticals of conspiring to keep a generic version of the cholesterol drug off the market, rejecting attacks on the small size of the class and the companies representing them.

U.S. District Judge Rebecca Beach Smith fully adopted the recommendation for certification of U.S. Magistrate Judge Douglas E. Miller, finding that 35 direct buyers are enough for a class, and they'll be adequately represented by named plaintiffs FWK Holdings LLC, Cesar Castillo Inc. and Rochester Drug Co-Operative Inc., despite RDC's bankruptcy and other issues highlighted by...

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