No Centralization Of Acthar Cases In Delaware Yet, JPML Says

Law360 (June 8, 2021, 6:58 PM EDT) -- Pointing to uncertainty around Mallinckrodt ARD LLC's pending bankruptcy proceedings in Delaware, the U.S. Judicial Panel on Multidistrict Litigation deemed it "premature" on Monday to centralize a string of antitrust cases over the company's sales of the anti-seizure drug Acthar.

The panel had been considering a proposal seeking to create an MDL for Acthar cases in the Northern District of Illinois, where the first antitrust case over the drug was filed some four years ago.

But in an order on Monday, the panel ruled that possible centralization didn't make sense until after Mallinckrodt's Chapter 11 proceedings, including bids by the drugmaker...

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