In re: Flonase Antitrust Litigation
- Case Date: 11/1/2016
- Project Name: Health Care Project
On November 1, 2016, WLF called on the US Court of Appeals for the Third Circuit to overturn a trial-court decision that would undermine class-wide settlements by permitting plaintiff States to file copycat lawsuits despite benefiting from a settlement. The case involves an antitrust class-action lawsuit filed against a drug company in connection with its marketing of the allergy-relief medication, Flonase. WLF’s brief filed in the case argues that state governments are entitled to the same procedural protections afforded to other class members—no more and no less—and that the Constitution’s Eleventh Amendment does not protect States from being bound by class-action settlements. The National Association of Manufacturers joined WLF’s brief.
|Awaiting oral argument on June 6, 2017.|
More Information and Downloads:
|11/1/2016: Download the Brief|
|Press Release: WLF Implores Appeals Court to Enforce Class-Action Settlement Against State Government|