Endo Says Drop Direct Buyers' Cert. Bid In Pay For Delay Row

Law360 (September 13, 2019, 3:50 PM EDT) -- Endo Pharmaceuticals has urged an Illinois federal judge to toss a class certification bid by direct buyers of medication in multidistrict litigation who claim they overpaid for the painkiller Opana ER, saying the proposed class is too small to be certified.

The direct purchasers, which include Blue Cross and Blue Shield of Louisiana and several unions, do not meet the 40-member threshold required for certification, Endo Pharmaceuticals Inc. told the court Thursday. Additionally, the company said that there are many different issues among the buyers rather than a common question of fact.

“The record shows that proposed class members have the incentive...

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