Law professors and two consumer interest groups urged the First Circuit on Tuesday to reconsider a decision last month decertifying a class of buyers who allegedly overpaid for the ulcerative colitis drug Asacol, arguing that class actions can't be disqualified just because some class members never suffered an injury.
The First Circuit has overturned certification of a class of buyers who purportedly bought Allergan medicines at artificially high prices, saying the suit didn't offer a way to weed out large numbers of purchasers who never suffered any injury.
The Washington Legal Foundation on Monday backed Allergan PLC in a fight over class certification, telling the First Circuit that a Massachusetts federal judge shouldn’t have certified a class of insurers who paid for an ulcerative colitis drug without parties tied to each state involved in the product-hopping suit.
Allergan PLC urged the First Circuit on Friday to reverse the certification of a class of buyers of an anti-inflammatory drug, accusing the putative class of “bootstrapping” claims from purchasers of the drug in just four states to bring claims under dozens of other states’ antitrust laws.
The First Circuit on Thursday granted an indefinite delay of an antitrust trial slated to start next week, allowing Allergan PLC to appeal the certification of a class of unions and grocers who claim the company and a subsidiary manipulated the market with a monopolistic hard switch of available anti-inflammatory drugs.