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IN RE CELEXA AND LEXAPRO MARKET. & SALES LITIG.

Nos. 18-1146, 18-1147.

915 F.3d 1 (2019)

IN RE: CELEXA AND LEXAPRO MARKETING AND SALES PRACTICES LITIGATION. Painters and Allied Trades District Council 82 Health Care Fund; Delana S. Kiossovski; Renee Ramirez, on Behalf of Herself and All Others Similarly Situated; Marlene T. Loconte, Plaintiffs, Appellants, Martha Palumbo, Individually and on Behalf of All Other Persons Similarly Situated; Peter Palumbo, Individually and on Behalf of All Other Persons Similarly Situated; Jayne Ehrlich, Individually and on Behalf of All Other Persons Similarly Situated; Anna Murret, Individually and on Behalf of All Other Persons Similarly Situated; Universal Care, Inc.; Angela Jaeckel; Melvin M. Fullmer, on Behalf of Himself and All Others Similarly Situated; New Mexico UFCW Union's and Employer's Health and Welfare Trust Fund, on Behalf of Itself and All Others Similarly Situated; Allied Services Division Welfare Fund, on Behalf of Itself and All Others Similarly Situated; Tara Johndrow, Individually and on Behalf of All Others Similarly Situated; Brian Anson, Individually and on Behalf of All Others Similarly Situated; Scott A. Wilcox, on Behalf of Himself and All Others Similarly Situated; Municipal Reinsurance Health Insurance Fund; Randy Marcus; Bonnie Marcus; Ruth Dunham; Tanya Shippy; Jill Powell, Plaintiffs, v. Forest Pharmaceuticals, Inc.; Forest Laboratories, Inc.; Forest Laboratories, LLC, Successor in Interest to Forest Laboratories, Inc., Defendants, Appellees, Pfizer, Inc.; Warner Lambert Company, Defendants.

United States Court of Appeals, First Circuit.

January 30, 2019.

Attorney(s) appearing for the Case

R. Brent Wisner , with whom Michael L. Baum , Baum, Hedlund, Aristei & Goldman, P.C., Los Angeles, CA, Christopher L. Coffin , and Pendley, Baudin & Coffin, LLP were on brief, for appellants.

Andrew J. Ceresney , with whom Edwin G. Shallert , Kristin D. Kiehn , J. Robert Abraham , Debevoise & Plimpton LLP, New York, NY, John G. O'Neill , and Sugarman, Rogers, Barshak & Cohen, P.C., Boston, MA, were on brief, for appellees.

Before Howard, Chief Judge, Torruella and Kayatta, Circuit Judges.

These consolidated appeals arise out of two so-called "off-label" prescription-drug-marketing cases aggregated for pretrial proceedings in the District of Massachusetts by order of the multidistrict litigation panel. Plaintiffs claim that the defendants, Forest Pharmaceuticals, Inc. and Forest Laboratories, Inc. (collectively...

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