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EpiPen Price-Gouging Lawsuit Against Mylan Gets Minor Trim (1)

Dec. 16, 2021, 8:45 PMUpdated: Dec. 20, 2021, 5:15 PM

Mylan NV scored a minor victory in the multidistrict lawsuit over EpiPen price gouging when a Kansas federal judge decertified a class of EpiPen buyers who accused the drugmaker of violating the antitrust laws of Nevada and North Carolina.

No named plaintiff paid for an EpiPen in Nevada or North Carolina after the hypothetical March 14, 2014, date on which the plaintiffs argue a generic EpiPen alternative would have entered the marketplace but for the defendants’ wrongdoing, Judge Daniel D. Crabtree said.

Because no named plaintiff alleged an injury in these states, the claims can’t be resolved on a class ...