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Overview
Case Number: No. 1:14-cv-10150
Practice Area: Antitrust
Case Status: Settled
Settlement Amount: $145 million
Court: United States District Court for the Northern District of Illinois
Berger Montague served as co-lead class counsel and obtained a $145 million settlement in this antitrust pay for delay action on behalf of a certified class of direct purchasers of brand or generic Opana ER 5, 10, 20, 30, and/or 40 mg tablets. The defendants included (a) Endo Health Solutions Inc., Endo Pharmaceuticals Inc., and Penwest Pharmaceuticals Co. (collectively, “Endo”), and (b) Impax Laboratories, Inc. (“Impax”). The case was litigated in the United States District Court for the Northern District of Illinois and captioned In Re: Opana ER Antitrust Litigation, No. 1:14-cv-10150 (N.D. Ill.)
On November 3, 2022, U.S. District Court Judge Harry D. Leinenweber of the Northern District of Illinois granted final approval of the $145 million settlement between defendant Impax and the certified class of direct purchasers of brand and generic Opana ER from Endo and Impax. Led by David F. Sorensen, Andrew Curley, Caitlin G. Coslett, and Richard Schwartz, Berger Montague served as co-lead counsel for the certified class alleging that the defendants entered into a pay for delay agreement whereby Impax delayed the launch of its generic Opana ER product in exchange for valuable consideration from Endo. The plaintiffs alleged that as a result of the pay for delay agreement, the class of direct purchasers suffered overcharge damages.
After eight years of hard-fought litigation and the court’s class certification opinion in favor of the plaintiffs on June 4, 2021, the class and Impax settled as trial commenced (and proceeded against Endo), reaching what Judge Leinenweber described as an “excellent” settlement.
If you or your company has been harmed by anticompetitive conduct or any conduct that you believe violates the antitrust laws, please contact Berger Montague.
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
- Class Certification Order
- Class Notice
- Blank Claim Form for Direct Purchaser Class Member
- ECF 1054 Order Granting 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
- ECF 1043-1 Settlement Agreement
- ECF 1055 Notice of Settlement with Impax Laboratories, Inc.
- ECF 1043-2 Direct Purchaser Class Plaintiffs’ [Proposed] Plan of Allocation for the Direct Purchaser Class
- ECF 1043-3 Declaration of Jeffrey J. Leitzinger, Ph.D. Related to Proposed Allocation Plan and Net Settlement Fund Allocation
- ECF 1058 Direct Purchaser Plaintiffs’ Notice of Supplemental Declaration of Jeffrey J. Leitzinger, Ph.D. Related to Proposed Allocation Plan and Net Settlement Fund Allocation
- 1072 – Direct Purchaser Class Counsel’s motion for an award of attorneys’ fees, reimbursement of expenses, and service awards for the class representatives
- 1072-1 – Declaration of the Bruce E. Gerstein in support of the Direct Purchaser Class Counsel’s Motion for an Award of Attorneys’ fees, reimbursement of expenses, and service awards for the class representatives
- ECF 1072-2 Index of Exhibits
- ECF 1072-3 Exhibit A (Letters of Support of one third fee submitted in prior cases)
- ECF 1072-4 Exhibit B (Hearing transcript from 6-28-2022)
- ECF 1072-5 Exhibit C (BMPC Declaration)
- ECF 1072-6 Exhibit D (GGF Declaration)
- ECF 1072-7 Exhibit E (HPC Declaration)
- ECF 1072-8 Exhibit F (Kaplan Fox Declaration)
- ECF 1072-9 Exhibit G (SSRL Declaration)
- ECF 1072-10 Exhibit H (Taus Declaration)
- ECF 1072-11 Exhibit I (FF Declaration)
- ECF 1072-12 Exhibit J (ODR Declaration)
- ECF 1072-13 Exhibit K (Sperling Declaration)
- ECF 1072-14 Exhibit L (Cramer Declaration)
- ECF 1079 Minute Order setting Final Fairness Hearing by Phone
- ECF 1080 Direct Purchaser Plaintiffs Motion for Final approval of proposed settlement
- ECF 1080-1 Text of Proposed Order granting final judgment and order of dismissal approving DPP settlement
- ECF 1081 Direct Purchaser Plaintiffs MOL iso Motion for Final approval of proposed settlement
- ECF 1082 Gerstein Declaration iso Direct Purchaser Plaintiffs Motion for Final approval of proposed settlement
- ECF 1082-1 Ex 1 (RG/2/Chiango Declaration)
- ECF 1082-2 Ex 2 (Dakota Drug Letter)
- ECF 1082-3 Ex 3 (North Carolina Mutual Wholesale Drug Co. Letter)
- ECF 1082-4 Ex 4 (Louisiana Wholesale Drug Co. Letter)
- ECF 1082-5 Ex 5 (Prescription Supply Inc. Letter)
- ECF 1082-6 Ex 6 (Smith Drug Company Letter)
- ECF 1082-7 Ex 7 (Value Drug Co. Letter)
- ECF 1085 In re: Opana ER Antitrust Litigation Final Approval Order
- ECF 1096 Direct Purchaser Plaintiffs Motion for Distribution from Net Settlement Fund
- ECF 1096-1 RG/2 Chiango Declaration
- ECF 1096-2 Text of Proposed Order approving Direct Purchaser Plaintiffs Motion for Distribution from Net Settlement Fund
- ECF 1098 Order Approving Direct Purchaser Plaintiffs’ Motion for Distribution of Net Settlement Fund
- ECF 1106 Direct Purchaser Class Plaintiffs’ Second Motion for Distribution from the Net Settlement Fund
- ECF 1106-1 RG2 Declaration in Support of Motion for Distribution from the Net Settlement Fund
- ECF 1106-2 Proposed Order Approving Direct Purchaser Class Plaintiffs’ Second Motion for Distribution from the Net Settlement Fund
- ECF 1108 Order approving Direct Purchaser Class Plaintiffs’ Second Motion for Distribution from Net Settlement Fund
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