EpiPen Buyers Tear Into Mylan, Pfizer Bid For Cert. Review

Law360 (March 24, 2020, 5:50 PM EDT) -- EpiPen buyers suing Mylan and Pfizer over the exorbitant cost of the emergency allergy treatment are fighting the drugmakers' push for a Tenth Circuit review of their class certification win, arguing a mid-case appeal is only warranted in "death knell cases" and this isn't one of them.

The purchasers are battling the drugmakers' effort to secure an appellate review of last month's certification decision in which a Kansas federal judge certified two nationwide classes of consumers seeking damages for racketeering and state antitrust violations from Mylan and Pfizer.

However, the EpiPen buyers pointed out Monday that the Tenth Circuit has previously ruled that...

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