TAP Pharmaceutical successfully defends 19 Lupron® pricing actions in state and federal courts
Clients TAP Pharmaceutical Products Inc.
Jones Day successfully defended TAP Pharmaceutical Products, Inc., the manufacturer of a leading prostate cancer drug, Lupron®, in 19 putative class actions in federal and state courts, alleging RICO and other fraud-based claims on the contention that TAP artificially inflated the average wholesale price for Lupron®. Jones Day attorneys took lead roles in obtaining dismissal of several counts in the MDL action, including the count for common law fraud; reversing certification of a national class in the North Carolina litigation; successfully opposing a certification of a national class in the New Jersey litigation; and securing preliminary and final approval of the class action settlement in MDL 1430 -- including a successful opposition of a Rule 23(f) petition and appeal of the preliminary settlement approval order. The settlement was ultimately approved on mutually agreeable terms.
In re Lupron® Marketing and Sales Practices Litigation, MDL No. 1430, Various State Docket Numbers