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Overview
Case Number: No. 3:11-cv-05479
Practice Area: Antitrust
Case Status: Pending
Court: United States District Court for the District of New Jersey
Berger Montague currently serves as a member of the Interim Class Counsel Executive Committee on behalf of a proposed class of direct purchasers of brand or generic versions of Effexor XR from Wyeth (Wyeth LLC, Wyeth Pharmaceuticals, Inc., Wyeth-Whitehall Pharmaceuticals LLC, and Wyeth Pharmaceuticals Company) or Teva (Teva Pharmaceuticals USA, Inc. and Teva Pharmaceuticals Industries Ltd.) (Wyeth and Teva are collectively referred to as “Defendants”) in this antitrust class action alleging that Defendants unlawfully delayed the entry of less expensive generic Effexor XR (generic name: venlafaxine hydrochloride extended-release) through an unlawful “reverse payment” agreement.
The case is currently pending in the United States District Court for the District of New Jersey and is captioned In re Effexor XR Antitrust Litigation, No. 3:11-cv-05479 (D.N.J.).
On April 25, 2024, U.S. District Court Judge Peter G. Sheridan of the District of New Jersey granted preliminary approval of a $39 million settlement between Wyeth (Wyeth LLC, Wyeth Pharmaceuticals, Inc., Wyeth-Whitehall Pharmaceuticals LLC, and Wyeth Pharmaceuticals Company) and the settlement class of direct purchasers of brand or generic Effexor XR as set forth in the Order Granting Direct Purchaser Class Plaintiffs’ Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Appointment of Notice/Claims Administrator, Appointment of Escrow Agent, Preliminary Approval of the Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing. Judge Sheridan appointed Berger Montague (and other firms) Lead Class Counsel for purposes of the Settlement. The proposed settlement is with Wyeth only. Claims against Teva have not been released.
The Final Fairness Hearing is scheduled for June 28, 2024 at 3:00pm ET at the United States District Court for the District of New Jersey, 402 East State Street, Courtroom 1, Trenton, NJ 08608. Please note, Judge Sheridan changed the time of the hearing. It was previously scheduled for 11:00am ET.
About Berger Montague
Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.
Case News and Important Documents
- Notice
- Claim Form
- Order Granting Direct Purchaser Class Plaintiffs’ Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Appointment of Notice/Claims Administrator, Appointment of Escrow Agent, Preliminary Approval of the Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Second Amended Consolidated Class Action Complaint
- Direct Purchaser Class Plaintiffs’ Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Appointment of Notice/Claims Administrator, Appointment of Escrow Agent, Preliminary Approval of the Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Memorandum in Support of Direct Purchaser Class Plaintiffs’ Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Appointment of Notice/Claims Administrator, Appointment of Escrow Agent, Preliminary Approval of the Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Declaration of Peter S. Pearlman
- Settlement Agreement
- Plan of Allocation
- Declaration of Jeffrey J. Leitzinger, Ph.D. Related to Proposed Allocation Plan and Net Settlement Fund Allocation
- Declaration of William W. Wickersham of RG/2 Claims Administration LLC
- Notice of Class Counsel’s Motion for Attorneys’ Fees
- Memorandum in Support of Class Counsel’s Motion for Attorneys’ Fees
- Declaration of Peter S. Pearlman in Support of Class Counsel’s Motion for Attorneys’ Fees and Exhibits thereto
- Declaration of Robert A. Zagrodny in Support of Class Counsel’s Motion for Attorneys’ Fees
- Motion for Final Approval of Class Action Settlement
- Memorandum in Support of Motion for Final Approval
- Declaration of Peter S. Pearlman in Support of Motion for Final Approval
- Proposed Final Approval Order
- Order Granting Final Judgment and Order of Dismissal Approving Direct Purchaser Class Settlement
Case News and Important Documents
- Notice
- Claim Form
- Order Granting Direct Purchaser Class Plaintiffs’ Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Appointment of Notice/Claims Administrator, Appointment of Escrow Agent, Preliminary Approval of the Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Second Amended Consolidated Class Action Complaint
- Direct Purchaser Class Plaintiffs’ Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Appointment of Notice/Claims Administrator, Appointment of Escrow Agent, Preliminary Approval of the Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Memorandum in Support of Direct Purchaser Class Plaintiffs’ Unopposed Motion for Certification of a Settlement Class, Appointment of Lead Class Counsel, Appointment of Notice/Claims Administrator, Appointment of Escrow Agent, Preliminary Approval of the Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
- Declaration of Peter S. Pearlman
- Settlement Agreement
- Plan of Allocation
- Declaration of Jeffrey J. Leitzinger, Ph.D. Related to Proposed Allocation Plan and Net Settlement Fund Allocation
- Declaration of William W. Wickersham of RG/2 Claims Administration LLC
- Notice of Class Counsel’s Motion for Attorneys’ Fees
- Memorandum in Support of Class Counsel’s Motion for Attorneys’ Fees
- Declaration of Peter S. Pearlman in Support of Class Counsel’s Motion for Attorneys’ Fees and Exhibits thereto
- Declaration of Robert A. Zagrodny in Support of Class Counsel’s Motion for Attorneys’ Fees
- Motion for Final Approval of Class Action Settlement
- Memorandum in Support of Motion for Final Approval
- Declaration of Peter S. Pearlman in Support of Motion for Final Approval
- Proposed Final Approval Order
- Order Granting Final Judgment and Order of Dismissal Approving Direct Purchaser Class Settlement
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