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In re Namenda Direct Purchaser Antitrust Lawsuit

CASE NUMBER: 15-cv-7488
PRACTICE AREAS: Antitrust
PRODUCT: Namenda, a prescription drug used to treat Alzheimer's disease
CASE STATUS: Settled
SETTLEMENT AMOUNT: $750 million
COURT: United States District Court for the Southern District of New York

A $750 million settlement was reached on behalf of the Class of direct purchasers in December 2019. Documents related to the settlement are available below. 

Berger Montague is co-lead class counsel for the Class of direct purchasers, defined as follows:

All persons or entities in the United States and its territories who purchased branded Namenda IR 5 or 10 mg tablets, and/or generic Namenda IR 5 or 10 mg tablets (including an authorized generic), and/or branded Namenda XR capsules, directly from Forest or its successors in interest, Actavis and Allergan, and/or from any generic manufacturer at any time during the period from June 2012 until September 30, 2015 (the “Class”).

Excluded from the Class are the Defendants and their officers, directors, management, employees, subsidiaries, or affiliates, and all federal governmental entities.

In re Namenda Direct Purchaser Antitrust Litig., 331 F. Supp. 3d 152 (S.D.N.Y. 2018) (filed at ECF No. 570).

The documents below include more information about the settlement, the allegations in the case, and about who may be entitled to obtain a share of the proposed settlement. This website will be updated with additional documents related to the settlement, including documents filed with the Court related to the settlement.

  1. First Amended Class Action Complaint
  2. Opinion on Class Certification and Summary Judgment
  3. Settlement Agreement
  4. Order Granting Preliminary Approval of Settlement
  5. Plan of Allocation
  6. Declaration Dr. Russell L. Lamb Related to Proposed Settlement Allocation Plan
  7. Notice of Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
  8. Memorandum in Support of Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing
  9. Declaration of Bruce Gerstein in Support of Direct Purchaser Class Plaintiffs’ Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class and Proposed Schedule for a Fairness Hearing, with Exhibits
  10. Notice of Settlement
  11. Notice of Class Counsel’s Motion for Attorneys’ Fees, Reimbursement of Expenses and Incentive Awards for the Named Plaintiffs
  12. Memorandum of Law in Support of Class Counsel’s Motion for Attorneys’ Fees, Reimbursement of Expenses and Incentive Awards for the Named Plaintiffs
  13. Declaration of Bruce Gerstein in Support of Class Counsel’s Motion for Attorneys’ Fees, Reimbursement of Expenses and Incentive Awards for the Named Plaintiffs, with Exhibits
  14. Declaration of Professor Charles Silver in Support of Class Counsel’s Motion for Attorneys’ Fees, Reimbursement of Expenses and Incentive Awards for the Named Plaintiffs
  15. Class Counsel’s Notice of National Wholesalers’ Fee Objection Withdrawal and Brief in Further Support of Class Counsel’s Fee Request
  16. Supplemental Declaration of Bruce E. Gerstein in Support of Class Counsel’s Motion for Attorneys’ Fees, Reimbursement of Expenses and Incentive Awards for the Named Plaintiffs, with Exhibits
  17. Notice of Direct Purchaser Class Plaintiffs’ Memorandum of Law in Support of Motion for Final Approval of Proposed Settlement
  18. Direct Purchaser Class Plaintiffs’ Memorandum of Law in Support of Motion for Final Approval of Proposed Settlement, with Exhibits
  19. Amended Scheduling Order for Final Approval Hearing
  20. Opinion and Order Approving the Settlement
  21. Opinion and Order Regarding Plaintiffs’ Motion for Attorneys’ Fees, Expenses, and Incentive Awards
  22. Claim Form

Lead Attorneys:  David F. Sorensen, Ellen T. NotewareDaniel C. Simons

Lead Attorneys

David Sorensen Headshot

David F. Sorensen

Managing Shareholder
Ellen Noteware Headshot

Ellen T. Noteware

Shareholder
Daniel Simons Headshot

Daniel C. Simons

Senior Counsel

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