Class Certification Denied In EpiPen Breach Of Fiduciary Lawsuit

Mealey's (August 10, 2020, 2:02 PM EDT) -- MINNEAPOLIS — A federal judge in Minnesota on Aug. 5 denied certification of four proposed classes in a lawsuit accusing the nation's four largest pharmacy benefit managers (PBMs) of breaching their fiduciary duties by allegedly negotiating rebates and other savings from Mylan Pharmaceuticals and other entities for the sale of EpiPens and failing to pass those savings along to the purchasers, finding a lack of commonality and proof of a classwide injury (In re: EpiPen ERISA Litigation, No. 17-1884, D. Minn., 2020 U.S. Dist. LEXIS 139066)....