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Merck, Glenmark Fight Zetia Class Cert. At 4th Circ.

Law360 (January 5, 2021, 6:21 PM EST) — Drugmakers Merck and Glenmark asked the Fourth Circuit to reverse the class certification of cholesterol drug Zetia direct buyers on Monday, stating the named plaintiffs were unfit to represent the class and the other members’ circumstances did not warrant class status.

Merck and Glenmark pushed back against a lower court’s August certification of the class — allegedly consisting of more than 30 “sophisticated drug wholesalers” and three inadequate class representatives — to the appeals court in their opening brief. The class has accused the drugmakers of blocking a generic form of Zetia from making it to market.

The drugmakers claimed that…

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