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In re Pharm. Indus. Average Wholesale Price Litig., No. 09-1196

By FindLaw Staff on November 23, 2009 | Last updated on March 21, 2019

Approval of a settlement in a class action lawsuit involving claims that AstraZeneca Pharmaceuticals published artificially inflated prescription drug prices is affirmed where: 1) district court did not abuse its discretion by finding the settlement provision creating a cy pres fund was fair, adequate, and reasonable; 2) plaintiff's objection to class counsel allegedly negotiating attorneys' fees with the settlement is waived; 3) district court satisfied the requirements of Rule 23(c)(1)(B); and 4) plaintiff's argument that the district court did not properly certify class counsel under Rule 23(g) is waived.     

Read In re Pharm. Indus. Average Wholesale Price Litig., No. 09-1196

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided November 20, 2009


Before:  Lynch, Chief Judge, and Torruella and Howard, Circuit Judges

Opinion by Lynch, Chief Judge


For Appellant:      Donald E. Haviland, Michael J. Lorusso and The Haviland Law Firm, LLC

For Appellee:    Steve Berman, Sean R. Matt, Thomas M. Sobol, Edward Notargiacomo, Hagens Berman Sobol Shapiro LLP;   Kenneth R. Wexler, Jennifer Fountain Connolly, Wexler Wallace LLP, Jeffrey Kodroff, John A. Marcoretta, Spector, Roseman, Kodroff & Willis P.C.,    Marc H. Edelson, and Hoffman & Edelson

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