In re: Flonase Antitrust Litigation
- Case Date: 11/1/2016
- Project Name: Health Care Project
On December 22, 2017, the U.S. Court of Appeals for the Third Circuit upheld a trial court decision that undermines class-wide settlements by permitting plaintiff States to file copycat lawsuits despite benefiting from a settlement. The decision was a setback for WLF, which filed a brief in the case—a class-action antitrust claim filed against a drug company in connection with its marketing activities. Louisiana was an absent class plaintiff and received a share of the proceeds when the lawsuit was settled on a class-wide basis. Louisiana later filed an identical claim against the drug manufacturer in Louisiana state court. The Third Circuit held that the defendant was not entitled to an injunction against Louisiana to prevent the State from double-dipping. The appeals court stated that the Eleventh Amendment to the U.S. Constitution barred such injunctions against States, rejecting WLF’s arguments that States be treated precisely the same as all other members of a plaintiff class.
More Information and Downloads:
11/1/2016: Download the Brief