Adderall XR Antitrust Class Has Standing Questioned at Trial

Miami, Fla. – On October 16, 2015, Haug Partners (formerly known as FLH) represented Shire in a class certification hearing before Magistrate Judge Goodman in the Southern District of Florida. Two consumers sued Shire in 2013 under Florida’s Deceptive and Unfair Trade Practices Act alleging that Shire engaged in certain anticompetitive behavior that delayed entry of generic and authorized generic versions of Adderall XR and caused Florida consumers to pay higher copays than they otherwise would have.

Plaintiffs have been clamoring to certify the class for years. In June of this year, Plaintiffs filed a renewed motion to certify the class, which was referred to Magistrate Judge Goodman by the district court judge. At the hearing, Haug Partners (formerly FLH) argued that the court should deny Plaintiffs’ motion because they cannot prove essential elements for class certification including, but not limited to standing, ascertainability, and predominance. Magistrate Judge Goodman repeatedly criticized Plaintiffs for failing to provide evidence to meet their burden – a preponderance of the evidence.

For example, Shire argued that Plaintiffs lack standing because they sued Shire after the applicable four-year statute of limitations. Plaintiffs countered that the statute of limitations was tolled by fraudulent concealment. Magistrate Judge Goodman asked Plaintiffs to specify what evidence they are relying on to support fraudulent concealment. After Plaintiffs’ vague response, Magistrate Judge Goodman expressed concern that Plaintiffs “haven’t provide us anything.”

The hearing ended with Magistrate Judge Goodman requesting pinpoint cites to evidence in the parties’ post-hearing submissions, which are due on October 26, 2015. The case is scheduled for trial in March 2016.

The FLH team at the hearing included Michael Brockmeyer, who argued for Shire, John Collins, and David Zwally. Other Haug Partners (formerly FLH) team members on this case include Ed Haug, Porter Fleming, Sandra Kuzmich, Andrew Wasson, David Shotlander, Scot Pittman, Jason Kanter, and Jared Schubert.