Judge Certifies Bellwether Classes in Generic Drug Litigation

A federal judge certified several classes of direct and end-payer purchasers for test trials in drug price-fixing litigation against makers of two generic drugs, clomipramine and clobetasol.

Judge Cynthia M. Rufe of the US District Court for the Eastern District of Pennsylvania in a March 7 opinion certified the direct purchasers’ bellwether classes as part of multidistrict litigation dating back to 2016. In a separate order, Rufe granted the end-payers’ motion for class status in its bellwether suits except for the certification of an unjust enrichment class.

Bellwether cases are fast-tracked to trial with the goal of testing out ...