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Zetia Wholesalers Denied Class Cert. In Generics-Delay Suit

by scceu0302

By Bryan Koenig (April 14, 2022, 7:37 PM EDT) — A group of wholesalers accusing Merck and Glenmark Pharmaceuticals of a scheme to delay a generic cholesterol drug are unlikely to force a settlement on the companies after a Virginia federal judge refused to certify a proposed class to pursue the claims.

On the second go-around for class action status after the Fourth Circuit erased a previous certification, U.S. District Judge Rebecca Beach Smith on Wednesday delivered an important win for the companies after finding 35 Zetia buyers aren’t enough and individual participation isn’t sufficiently “impractical” to justify certification.

By wholly adopting the recommendation against certification from U.S. Magistrate Judge Douglas…

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