Lieff Cabraser Civil Justice Blog
Judge Grants Class Certification in Allergan Antitrust Litigation

Judge Grants Class Certification in Allergan Antitrust Litigation

As reported by Law360 (subscription), a New York federal judge has granted class certification in an antitrust lawsuit wherein Lieff Cabraser and co-counsel represent a group of pharmaceutical purchasers, union benefit plans, and other buyers of Allergan’s blockbuster dry-eye disease drug Restasis. The sweeping litigation accuses the drugmaker of misconduct intended to illegally limit competition from generic drugs to the detriment of patients.

Law360 notes that in a lengthy decision, New York District Court Judge Nina Gershon certified a class of end-payors estimated to cover nearly 40,000 benefit plans as well as over one million insured and uninsured consumers, despite objections from Allergan that the class included too many uninjured buyers.

“There is, in short, no support for defendant’s contention that the mere existence of uninjured class members in this putative class compels denial of [end-payor plaintiffs’] motion,” noted the Judge.

Judge Gershon also named Lieff Cabraser and two other firms as Interim Co-Lead Counsel in the litigation.

“I carefully reviewed the qualifications, experience, and resources of these attorneys when I appointed them to their interim roles, and the attorneys’ work since then, including on this motion, serves as further assurance that they are extremely qualified and able to represent the certified class,” the judge said.

Learn more about Lieff Cabraser’s representation of plaintiffs in the  Restatis antitrust litigation.