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Representative Ongoing Matters

Pharmaceutical Litigation

NLG is recognized as one of the nation’s preeminent plaintiffs firms in the field of pharmaceutical litigation. We represent direct purchaser classes of prescription drugs in cases alleging that brand drug companies have engaged in conduct to delay generic market entry or fix prices. We have also litigated cases concerning off-label promotion of drugs and RICO violations in the pharmaceutical industry.

Representative cases in which NLG attorneys presently hold leadership positions include:

  • KPH Healthcare Services, Inc., et al. v. Amarin Pharma, Inc. et al. Case No.: 3:21-cv-12747 (D.N.J.). Linda Nussbaum is a court-appointed interim co-lead class counsel for  a proposed class of direct purchasers of Vascepa who allege that they were harmed as a result of Defendants’ scheme to delay generic competition in the market.
  • In re Sensipar (Cinacalcet Hydrochloride Tablets) Antitrust Litigation¸ No. 1:19-cv-00396-LPS (D.Del.). Nussbaum Law Group is a court-appointed interim co-lead class counsel for a proposed class of direct purchasers of Sensipar who allege they were overcharged as a result of an anticompetitive scheme by Defendants aimed at delaying generic competition.
  • In re Generic Pharmaceuticals Pricing Antitrust Litigation, MDL 2724 (E.D. Pa.). Nussbaum Law Group is on the Direct Purchaser Plaintiffs’ Steering Committee in the prosecution of class claims alleging wide-ranging price-fixing and market-rigging by multiple generic drug manufacturers.
  • In re Actos Direct Purchaser Antitrust Litigation¸ No. 15-cv-03278 (S.D.N.Y.). Nussbaum Law Group is a court-appointed interim co-lead class counsel for a proposed class of direct purchasers of Actos and Actoplus who allege they paid more for those products as a result of Defendants’ scheme to delay generic competition.
  • In re KPH Healthcare Services Inc. v. Mylan N.V. et al. No.2:20-cv-02065 (D. Kan.) Nussbaum Law Group represents a proposed class of direct purchasers of EpiPen alleging they were overcharged as a result of Defendant’s scheme to delay entry of generic EpiPen and other competing epinephrine autoinjector products.
  • In re Copaxone Antitrust Litigation, 2:22-cv-1232 (D.N.J) Nussbaum Law Group is a court-appointed member of the Executive Committee representing a proposed class of direct purchasers of Copaxone alleging a multi-pronged scheme to delay generic entry.

 

  • Pharmaceutical Litigations in which Ms. Nussbaum served as lead counsel which have been resolved:

  • In re Lorazepam & Clorazepate Antitrust Litig. MDL No. 1290, 99ms00276-TFH (D.D.C.) (Co-Lead Counsel)
  • Oncology & Radiation Associates, P.A. v. Bristol-Myers Squibb Company & American Bioscience, 01-cv-02313 (D.D.C.) (Lead Counsel)
  • In re Relafen Antitrust Litig., 01-cv-12239 (D. Mass.); Meijer, Inc. v. SmithKline Beecham, 01-cv-12239 (D. Mass.) (Co-Lead Counsel) 
  • In re Remeron Antitrust Litig., 03-cv-0085 (D.N.J.); Meijer, Inc. v. Organon, Inc. (Co-Lead Counsel) 
  • In re Children’s Ibuprofen Oral Suspension Antitrust Litig., 04-mc-00535 (D.D.C.); Meijer, Inc. v. Perrigo Company and Alpharma Inc. (D.D.C.) (Lead Counsel) 
  • Meijer, Inc. v. Warner Chilcott Holdings Co. III, Ltd. 05-cv-02195 (D.D.C.) (Co-Lead Counsel)
  • In re Nifedipine Antitrust Litig., MDL No. 1515, 03-mc-00223 (D.D.C.) (Co-Lead Counsel)
  • In re DDAVP Direct Purchaser Antitrust Litig., 05-cv-02237 (S.D.N.Y.) (Co-Lead Counsel) 
  • Meijer, Inc. v. Abbott Laboratories, 07-cv-05985 (N.D. Cal.) (Co-Lead Counsel) 
  • In re Metoprolol Succinate Direct Purchaser Antitrust Litig., MDL No. 1620, 06-cv-00052 (D .Del.); Meijer, Inc., v. AstraZeneca (Co-Lead Counsel)
  • Meijer, Inc. v. Braintree Laboratories, Inc., 07-cv-00142 (D. Del.) (Co-Lead Counsel)
  • Meijer, Inc. v. Warner Chilcott Public Limited Company, 12-cv-03824 (E.D. Pa.) (Co-Lead Counsel)

Antitrust and Fair Competition

NLG attorneys have been in the forefront of fair competition law for over 25 years. We have fought to protect businesses, consumers and Fortune 500 companies from monopolistic schemes, price-fixing, market allocations and other anti-competitive practices.

Representative cases in which NLG attorneys presently hold leadership positions include:

  • In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL 1720 (E.D.N.Y.). Nussbaum Law Group is interim injunctive relief co-lead counsel for a proposed class of millions of merchants who accept Visa and Mastercard payment cards.
  • In re Foreign Exchange Antitrust Litigation, No. 13-cv-7789 (S.D.N.Y.). Nussbaum Law Group is Allocation Counsel for a sub-class of exchange-only foreign currency traders, who were victimized by the price-fixing scheme of sixteen of the world’s largest banks. The case is ongoing, but plaintiffs have already obtained court approval on settlements exceeding $2 billion.
  • In re London Silver Fixing, Ltd. Antitrust Litigation, MDL 2573 (S.D.N.Y.). Nussbaum Law Group is part of the leadership team representing a proposed class of silver traders who allege that three of the world’s largest silver bullion banks conspired to fix silver prices via daily, non-public, and unregulated meetings.
  • In re The Bank of Nova Scotia (D. N.J.) Nussbaum Law Group is co-lead counsel representing a class of individuals who were harmed by Bank of Nova Scotia’s manipulation of U.S. exchange-traded futures and options contracts involving metals.
  • In re Outpatient Medical Center Employee Antitrust Litigation (N.D. Ill.). Nussbaum Law Group is co-lead counsel representing a class of current and former employees who were harmed by defendants’ no-poach agreement to refrain from hiring each other’s personnel.

Antitrust cases in which Ms. Nussbaum served as lead counsel which have been resolved:

  • In re Sorbates Direct Purchaser Antitrust Litig., 98-cv-04886 (N.D. Cal.) (Co-Lead Counsel)
  • In re Rubber Chemicals Antitrust Litig., 04-md-01648 (N.D. Cal.) (Co-Lead Counsel)
  • In re Microcrystalline Cellulose Antitrust Litig., MDL No. 1402, 01-cv-00111 (E.D. Pa.) (Co-lead Counsel)
  • In re Plastics Additives Antitrust Litig., MDL No. 1684, 03-cv-02038 (E.D. Pa.) (Co-Lead Counsel)
  • In re Foundry Resins Antitrust Litig., MDL No. 1638, 04-md-01638 (S.D. Ohio) (Co-Lead Counsel)
  • In re Puerto Rican Cabotage Antitrust Litig., MDL No. 1960, 08-md-01960 (D.P.R.) (Co-Lead Counsel)

Data Breach

NLG attorneys are active in litigating Data Breach actions. Representative cases in which NLG attorneys are presently litigating include:

  • In re American Medical Collection Agency, Inc., Customer Data Security Breach Litigation, MDL 2904 (D. N.J.). Nussbaum Law Group is co-lead counsel representing a class of individuals who were victimized by American Medical Collection Agency’s failure to protect the confidential information of millions of patients.
  • In re Wawa Inc. Data Security Litigation, 19-cv-6019 (E.D. Pa.). Nussbaum Law Group is interim co-lead counsel representing a class of individuals who were victimized by Wawa, Inc.’s failure to protect the confidential information of millions of its customers.
  • In re Marriott International, Inc. Customer Data Security Breach Litigation, MDL 3833 (D. Md.). Nussbaum Law Group represents a class of individuals who were victimized by Mariott’s failure to protect financial information of its customers from 100 of its hotels.
  • In re Morgan Stanley Smith Barney, LLC (S.D.N.Y.) Nussbaum Law Group is co-lead counsel representing a class of individuals who were victimized by Morgan Stanley’s failure to protect the confidential information of its customers.

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