Keller Rohrback Announces Tenth Circuit Victory in EpiPens Case Against Mylan and Pfizer

May 26, 2020

Today, the Tenth Circuit Court of Appeals rejected Defendants’ bid to appeal the district court’s class certification order for a nationwide RICO class in In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, the multidistrict litigation against Mylan and Pfizer that seeks to hold Defendants accountable for forcing consumers to pay inflated prices for EpiPens.

Today’s order allows the class action to move forward toward trial, which is scheduled for April 2021.

“We are thrilled that the Tenth Circuit agrees with Plaintiffs that ‘interrupting the district court proceedings with an interlocutory appeal at this time’ is not ‘necessary or warranted.’ We look forward to filing our joint Proposed Pretrial Order on Friday and continuing with trial preparations,” said Managing Partner Lynn Sarko, who serves as Plaintiffs’ co-lead counsel in the case.

To learn more about the case and how to potentially pursue a claim, please go here.

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