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IN RE PHARM. INDUSTRY AVERAGE WHOLESALE PRICE LITIGATION

No. 08-1002.

582 F.3d 231 (2009)

In re PHARMACEUTICAL INDUSTRY AVERAGE WHOLESALE PRICE LITIGATION. Theresa Shepley; Larry Young, Plaintiffs, Appellants, v. Johnson & Johnson; Centocor, Inc.; Ortho-biotech Products, L.P., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 28, 2009.

Attorney(s) appearing for the Case

Steve W. Berman, with whom Sean R. Matt, Hagens Berman Sobol Shapiro LLP, Jeffrey Kodroff, John A. Macoretta, Spector, Roseman & Kodroff, P.C., Marc H. Edelson, Hoffman & Edelson, Thomas M. Sobol, Edward Notargiacomo, Hagens Berman Sobol Shapiro LLP, Kenneth A. Wexler, Jennifer Fountain Connolly and Wexler Toriseva Wallace LLP, were on brief for appellants.

Andrew D. Schau, with whom William F. Cavanaugh, Jr., Erik Haas, Adeel A. Mangi and Patterson Belknap Webb & Tyler LLP, were on brief, for appellees.

Before HOWARD, Circuit Judge, ZOBEL and LISI, District Judges.

HOWARD, Circuit Judge.

Plaintiffs-Appellants Theresa Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J & J"). The appellants contend that the district court improperly entered judgment against them before trial. For the reasons that follow...

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