UNITED FOOD & COMM. WORK. v. NOVARTIS PHARMACEUT.

Nos. 17-1714, 17-1776.

902 F.3d 1 (2018)

UNITED FOOD AND COMMERCIAL WORKERS UNIONS AND EMPLOYERS MIDWEST HEALTH BENEFITS FUND; Laborers Health and Welfare Trust Fund for Northern California, on behalf of themselves and others similarly situated; AFSCME Health and Welfare Fund, on behalf of themselves and others similarly situated; Minnesota Laborers Health and Welfare Fund, on behalf of themselves and others similarly situated; Pennsylvania Employees Benefit Trust Fund, on behalf of themselves and others similarly situated; Louisiana Health Service & Indemnity Company, d/b/a Blue Cross and Blue Shield of Louisiana, on behalf of themselves and others similarly situated, Plaintiffs, Appellants, v. NOVARTIS PHARMACEUTICALS CORPORATION; Novartis Corporation; Novartis AG, Defendants, Appellees. RXDN, Inc., on behalf of itself and on behalf of the Direct Purchaser Class, Plaintiff, Appellant, v. Novartis Pharmaceuticals Corporation; Novartis Corporation; Novartis AG, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 21, 2018.


Attorney(s) appearing for the Case

Thomas M. Sobol , with whom Hannah W. Brennan , Hagens Berman Sobol Shapiro LLP, John D. Radice , Radice Law Firm, P.C., Noah Rosmarin , Adkins, Kelston & Zavez, P.C. were on brief, for appellants.

Saul P. Morgenstern , with whom David K. Barr , Mark D. Godler , Laura S. Shores , Arnold & Porter Kaye Scholer LLP, William A. Zucker , Wyley S. Proctor , McCarter & English LLP, Grant J. Esposito , Jessica Kaufman , and Morrison & Foerster LLP were on brief, for appellees.

Before Lynch, Kayatta, and Barron, Circuit Judges.


In these consolidated appeals from orders dismissing two putative antitrust class actions, purchasers of a brand-name, prescription drug allege that the drug maker unlawfully delayed the entry of generic versions of the drug into the United States market. Specifically, the plaintiffs allege that the drug maker committed antitrust...

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