4th Circ. Mulls 'Murky' Law Around Small Zetia Buyer Class

Law360 (May 6, 2021, 10:13 PM EDT) -- The Fourth Circuit was chatty Thursday while mulling whether to uphold or overturn the certification of what pharmaceutical giants Merck and Glenmark have called an "extremely small" class of drug buyers in a fight over the delayed release of a cholesterol drug.

The judges — particularly U.S. Circuit Judge Paul V. Niemeyer — did their fair share of talking while making the arguments about whether the lower court flubbed by granting class certification. Although this is an area where class action law gets "a little murky, with no absolute number one way or the other," Judge Niemeyer said he has an...

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