Third Circuit Affirms Denial Of Motion To Certify Indirect Purchaser End-Payor Class In Niaspan Antitrust MDL
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).