7th Circ. Orders Judge Consider Copay Groups In Opana Cert.

By Bryan Koenig (July 14, 2021, 4:12 PM EDT) -- A Seventh Circuit panel on Tuesday sent a class certification decision back for partial reconsideration because an Illinois federal judge didn't analyze the potential for uninjured members winding up in the class of Opana ER end-payors accusing Endo Pharmaceuticals of cutting an anti-competitive pay-for-delay deal protecting the painkiller.

The unsigned two-page order remanded the multidistrict litigation so U.S. District Judge Harry Leinenweber could consider whether groups of plaintiffs whose copays may have shielded them from harm "are large enough to be a barrier to certification" and mull a proposed amended class certification proffered by the plaintiffs to exclude those groups....

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