The State Of Pharma Class Certification After Asacol

By Aaron Yeater, Pavel Darling and Stephen Fink (December 18, 2018, 3:24 PM EST) -- The landscape of class certification in pharmaceutical antitrust litigation has been changing rapidly over the past few years. The most recent evolution began with the U.S. Court of Appeals for the First Circuit's 2015 decision in In re Nexium Antitrust Litigation, which upheld class certification in a "reverse payment" case even though the class contained uninjured members. Another significant milestone was reached recently, when the same court decided In re Asacol Antitrust Litigation, which overturned certification of a class for which a particular method of removing uninjured class members had been approved by a district court. An indication that the Asacol ruling may prove to be a watershed in this area arrived when a federal judge in another circuit cited the weeks-old decision in declining to certify a class of buyers of a cancer drug, because the plaintiffs had failed to show a common method of demonstrating injury-in-fact....

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