Third Circuit Affirms Denial Of Motion To Certify Indirect Purchaser End-Payor Class In Niaspan Antitrust MDL
06/01/2023
On May 4, 2023, the United States Court of Appeals for the Third Circuit unsealed its April 24, 2023, Opinion upholding the Eastern District of Pennsylvania’s denial of a motion to certify an indirect purchaser class of insurance plans and other end-payors allegedly injured by a “reverse payment” settlement that allegedly delayed the entry of a generic competitor to the brand-name prescription drug, Niaspan. In Re: Niaspan Antitrust Litigation, No. 21-2895 (3d Cir. Apr. 24, 2023).