February 13, 2018

The First Circuit on Monday denied an attempt by Valeant Pharmaceuticals subsidiary Medicis Pharmaceutical Corp. to stall a March trial slated to decide whether the company paid generic-drug makers to stay out of the market for acne medication Solodyn.

Coupled with Medicis’ losses at the summary judgment phase last month, the multidistrict litigation from customers and retailers, including Walgreen Co., CVS Pharmacy Inc. and Rite-Aid Corp., alleging anti-competitive practices surrounding Solodyn is set to go to a jury on March 12 barring any eleventh-hour settlements.To access the full article, click here.

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The appellate court decided as recently as late January that the “special circumstances” were met in another appeal of a Massachusetts certification of a class of drug purchasers. Allergan was allowed to stall the February trial over allegations it pulled a monopolistic hard switch of available anti-inflammatory drugs. U.S. District Judge Denise J. Casper is presiding over both cases.

Eighteen cases were consolidated concerning the alleged acne-medication monopolization as of mid-January, according to the most recent statistics report from the U.S. Judicial Panel on Multidistrict Litigation.

To access the full article, click here.

Cohen Milstein is a member of the Plaintiffs' Executive Committee in In re Solodyn Antitrust Litigation.