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In re Aggrenox Antitrust Litigation

United States District Court, D. Connecticut

March 6, 2018



          Stefan R. Underhill United States District Judge

         Upon review and consideration of Indirect Purchaser Class Plaintiffs' Unopposed Motion for Certification of a Settlement Class, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, Proposed Schedule for a Fairness Hearing, and exhibits thereto, Doc. No. 748, IT IS HEREBY ORDERED that the motion is GRANTED as follows:


         1. This Order hereby incorporates by reference the definitions in the Settlement Agreement among Defendants, Plaintiffs, and the Indirect Purchaser Class, and all capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Settlement Agreement.

         2. This Court has jurisdiction over each of the named plaintiffs, A.F. of L.-A.G.C. Building Trades Welfare Plan; AFSCME District Council 47 Health and Welfare Fund; AGC- International Union of Operating Engineers Local 701 Health & Welfare Trust Fund; International Union of Operating Engineers Local 49 Health & Welfare Fund; International Union of Operating Engineers Local 132 Health and Welfare Fund; Man-U Service Contract Trust Fund; NECA-IBEW Welfare Trust Fund; Painters District Council No. 30 Health & Welfare Fund; Pipefitters Union Local No. 537 Health & Welfare Fund; Plumbers and Pipefitters Local 178 Health & Welfare Trust Fund; School Cafeteria Employees Local No. 634 Health and Welfare Fund; Twin City Iron Workers Health and Welfare Fund; United Food and Commercial Workers Local 1776 & Participating Health and Welfare Fund; Welfare Plan of the International Union of Operations Engineers Locals 137, 137A, 137B, 137C, and 137R; The Electrical Workers' Insurance Fund; and Sergeant's Benevolent Association Health & Welfare Fund (collectively “Indirect Purchaser Class Plaintiffs, ” “Named Plaintiffs, ” or “Plaintiffs”) and Boehringer Ingelheim Pharma GmbH & Co. KG, Boehringer Ingelheim International GmbH and Boehringer Ingelheim Pharmaceuticals, Inc. (“Boehringer”); and Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Barr Pharmaceuticals, Inc. (n/k/a Barr Pharmaceuticals, LLC), Barr Laboratories Inc., Duramed Pharmaceuticals Inc. (n/k/a Teva Women's Health Inc.), and Duramed Pharmaceutical Sales Corp. (n/k/a Teva Sales and Marketing, Inc.) (“Teva”) (collectively “Defendants”), and jurisdiction over the litigation to which Indirect Purchaser Class Plaintiffs and Defendants are parties.

         Certification of the Proposed Class

         The Court makes the following determinations as required by Rule 23 of the Federal Rules of Civil Procedure solely in connection with the proposed settlement:

         1. Pursuant to Rule 23(c)(1)(B), the Class is defined as follows:

All persons or entities in the Commonwealth of Puerto Rico, Arizona, California, Colorado, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin, who, in one of the listed states, indirectly purchased, paid and/or provided reimbursement for some or all of the purchase price for branded or generic Aggrenox, for consumption by themselves, their families, or their members, employees, insureds, participants, or beneficiaries, other than for resale, from November 30, 2009 through December 22, 2017.

         The following persons or entities are excluded from the Class:

a. Defendants and their counsel, officers, directors, management, employees, subsidiaries, or affiliates;
b. All federal or state governmental entities, except cities, towns, or municipalities with self-funded prescription drug plans;
c. All persons or entities who purchased Aggrenox for purposes of resale or who purchased directly from the Defendants or their affiliates;
d. Fully insured health plans (plans that purchased insurance from another third-party payor covering 100% of the plan's reimbursement obligations to its members);
e. Pharmacy Benefits Managers (but not excluding affiliates, subsidiaries or related companies who would otherwise be included in the class definition);
f. Humana Inc. and its subsidiaries as listed in paragraph 4 of Humana's Second Amended Complaint, dated April 13, 2015 (Doc. No. 239);
g. Louisiana Health Service Indemnity Company d/b/a BlueCross/BlueShield of Louisiana (“BCBSLA”);
h. Flat co-payers (consumers who paid the same co-payment amount for brand and generic drugs);
i. Co-payers (consumers) who did not purchase branded Aggrenox before July 1, 2015 and who have a flat generic co-pay, i.e., a fixed dollar copayment (e.g., $10 for generic drugs) regardless of the co-payment applicable to branded drugs;
j. All persons who purchased or received branded or generic Aggrenox through a Medicaid program only; and
k. The judges in this case and any members of their immediate families;
l. All persons or entities who purchased Aggrenox in the State of Rhode Island prior ...

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