In re Pharm. Indus. Average Wholesale Price Litig., No. 09-1196
Approval of a settlement in a class action lawsuit involving claims that AstraZeneca Pharmaceuticals published artificially inflated prescription drug prices is affirmed where: 1) district court did not abuse its discretion by finding the settlement provision creating a cy pres fund was fair, adequate, and reasonable; 2) plaintiff's objection to class counsel allegedly negotiating attorneys' fees with the settlement is waived; 3) district court satisfied the requirements of Rule 23(c)(1)(B); and 4) plaintiff's argument that the district court did not properly certify class counsel under Rule 23(g) is waived.
Read In re Pharm. Indus. Average Wholesale Price Litig., No. 09-1196
Appellate Information
Appeal from the United States District Court for the District of Massachusetts
Decided November 20, 2009
Judges
Before: Lynch, Chief Judge, and Torruella and Howard, Circuit Judges
Opinion by Lynch, Chief Judge
Counsel
For Appellant: Donald E. Haviland, Michael J. Lorusso and The Haviland Law Firm, LLC
For Appellee: Steve Berman, Sean R. Matt, Thomas M. Sobol, Edward Notargiacomo, Hagens Berman Sobol Shapiro LLP; Kenneth R. Wexler, Jennifer Fountain Connolly, Wexler Wallace LLP, Jeffrey Kodroff, John A. Marcoretta, Spector, Roseman, Kodroff & Willis P.C., Marc H. Edelson, and Hoffman & Edelson