What DOJ Investigation Means For Generic Drug Plaintiffs

By Jason Dubner, James Morsch and Richard Leveridge (June 16, 2017, 12:57 PM EDT) -- More than 80 named plaintiffs whose antitrust claims have been consolidated in Philadelphia recently learned that discovery in their cases will be stayed until August pending further developments in the U.S. Department of Justice investigation into the generic pharmaceutical industry. Observers to these closely watched cases are left to consider whether: (1) the government investigation will confirm or undermine the wide-ranging allegations of price-fixing among the more than 30 defendants named in the lawsuits; (2) a related action brought by 40 state attorneys general against the industry will be folded into the proceedings in Philadelphia or be permitted by the Judicial Panel on Multidistrict Litigation to proceed in Connecticut, where that case was filed; and (3) how the private plaintiffs might productively use the next several months to strengthen their cases without the benefit of discovery from defendants....

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