In re Asacol Antitrust Litig.
- Case Date: 3/5/2018
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On March 5, 2018, WLF filed a brief in the U.S. Court of Appeals for the First Circuit, urging it to overturn certification of a virtually nationwide class action involving antitrust claims against a drug manufacturer. WLF argued that class certification was particularly objectionable because the four plaintiffs lack standing to raise the vast majority of the 26 claims included in their lawsuit. The plaintiffs—four health benefits plan—assert that the manufacturer violated antitrust laws of 26 different States by taking allegedly anticompetitive steps to thwart generic competition. But the plaintiffs only paid for drug purchases in four of those States and concede that they were not injured by the alleged violations of the laws of the other 22 States. WLF argued that uninjured plaintiffs may not establish the requisite standing by claiming that they were injured by other allegedly wrongful acts of the defendant or by piggy-backing onto injuries suffered by absent class members.
|Awaiting oral argument.|
More Information and Downloads:
3/5/2018: Download the Brief