Featured Cases

At Wexler Wallace, our driving motivation is to achieve a superior result for our clients. We are prepared to face whatever challenges arise during litigation, and we are willing to take the necessary and appropriate risks to meet and defeat those challenges. Wexler Wallace is committed to acting with the utmost integrity and maintaining the highest legal and ethical standards as we provide our clients with the most energetic and effective advocacy possible.  Below are some of the cases reflecting the varied and diverse nature of what we do as we try to achieve positive change through our practice.

Archstone Litigation -- Stender v. Archstone Smith Operating Trust, et al.

On November 30, 2007, Wexler Wallace instituted litigation on behalf of a class of investors who had negotiated for securities with certain essential characteristics, only to see those characteristics stripped away through a merger transaction in which the investors had no say. The complaint alleges, among other things, breaches of fiduciary duty, breach of contract and civil conspiracy. Read more.

Asacol Antitrust Litigation – United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et. al. v. Allergan, PLC

Asacol is an ulcerative colitis drug taken keep the chronic symptoms of irritable bowel syndrome in remission. In July 2013, a generic version of Asacol should have entered the market, however, because of defendants’ anticompetitive schemes to manipulate drug availability, a generic version does not exist and consumers are paying supracompetitive prices for the drug.Read more.

Nexium Antitrust Litigation

Wexler Wallace LLP, along with its co-counsel, filed a case on behalf of a class of end-payors (i.e., consumers and third-party payors, such as employee benefit funds and insurers) against AstraZeneca for allegedly entering into non-competition agreements with a number of generic pharmaceutical manufacturers in order to delay market entry of generic versions of its blockbuster drug Nexium. Read more.

FDB/McKesson Litigation -- New England Carpenters Health Benefit Fund v. First DataBank, Inc. and McKesson Corp.

Wexler Wallace was Co-Lead Counsel in this massive class action against pharmaceutical wholesaling giant McKesson Corporation ("McKesson") and pharmaceutical pricing publisher First DataBank, Inc. ("FDB"). Medispan, another pharmaceutical pricing publisher, was later named as a defendant in a separate case. The case addressed an unlawful 5% mark-up in the Average Wholesale Prices (“AWPs”) of various drugs, causing consumers and third party payors to overpay for pharmaceuticals. The case against McKesson settled for $350 million. In a separate settlement, FDB agreed to roll back AWPs, saving the Class many millions of dollars. Read more.

AWP Litigation -- In re Pharmaceutical Industry Average Wholesale Price Litigation

Drug prices have soared for years. One of the reasons for this is drug companies’ inflation of a benchmark called Average Wholesale Price or AWP. It turned out that AWP was neither an average, an average price, nor a wholesale price. Rather, it was an arbitrary number assigned by drug manufacturers which, through various manipulations, resulted in consumers and third party payors vastly overpaying for needed medications. Wexler Wallace, appointed Co-Lead Counsel for Plaintiffs and the Class, initiated a wave of class actions nationwide against dominant pharmaceutical manufacturers to halt the deceptive reporting of AWPs. Discovery in these cases included the review of millions of documents and hundreds of depositions over several years. In 2007, Plaintiffs tried the case under Massachusetts law against four Defendants. The nine-week trial, in which Wexler Wallace played a critical role, resulted in a 183-page opinion by the district court, largely finding in favor of Plaintiffs and paving the way for millions of dollars in settlements. Read more.

Lipitor Antitrust Litigation -- Southeast Laborers Health and Welfare Fund v. Pfizer Inc.

Wexler Wallace LLP filed two class actions against Pfizer Inc. and Ranbaxy Pharmaceuticals Inc., among others, seeking damages and equitable relief on behalf of end-payors of Lipitor and/or its generic bioequivalents for violations of antitrust and consumer protection laws. Plaintiffs allege that defendants fraudulently procured a patent covering Lipitor, and engaged in sham litigation concerning that patent, in order to keep generic versions of the blockbuster drug off of the market. As a result of these actions, market entry of a generic version of Lipitor was delayed for a number of years. Read more.

Transvaginal Surgical Mesh

On October 20, 2008, the FDA issued a Public Health Notification to health care practitioners, alerting them to serious complications associated with the placement of transvaginal surgical mesh used to treat Pelvic Organ Prolapse (“POP”) and Stress Urinary Incontinence (“SUI”). Wexler Wallace represents a number of women who were injured by this surgical mesh, and is seeking to recover damages on their behalf. Read more.

Wellbutrin XL Antitrust Litigation

Wexler Wallace is co-lead counsel for the indirect purchasers of Wellbutrin XL in their suit against Defendants Biovail and GlaxoSmithKline for antitrust violations and unfair competition. Plaintiffs allege that Biovail and GlaxoSmithKline filed sham patent infringement lawsuits against makers of generic versions of Wellbutrin XL and filed a sham citizen petition with the FDA in order to keep generic versions of the medicine off the market. Plaintiffs further allege that Defendants settled their baseless patent infringement lawsuits by entering into anti-competitive agreements that further delayed the arrival of generic Wellbutrin XL on the market. Read more.

Robert Brown, et al. v. Electrolux Home Products, Inc., d/b/a Frigidaire

Wexler Wallace filed a class action lawsuit against Electrolux Home Products, Inc., alleging that certain models of their Frigidaire-branded front-loading washing machines contained a defect which allowed mold, mildew, and “biofilm” to grow inside the machines. The “biofilm” produces a noxious odor that permeates the washing machines, as well as consumers’ clothing and homes. Plaintiffs allege that they and class members have spent money on repairs and other purported remedies, but none have eliminated the odor problems or “biofilm” growth. Read more.

Pet Food Contamination Litigation -- In re Pet Food Products Liability Litigation

Wexler Wallace served as Co-Lead Counsel in this multidistrict consumer litigation arising from the largest pet food recall in history, involving over 180 brands of products produced or sold by over 40 Defendants. The products were recalled because dogs and cats were reportedly becoming sick or dying after eating the pet food. Pet owners throughout the nation suffered significant damages as a result of the food contamination. Many owners paid thousands of dollars in veterinary expenses for treating and monitoring the health of their pets; others suffered additional costs relating to the death of their pets.The action settled on Nov. 19, 2008. The settlement created a fund from which consumers could claim up to 100% reimbursement for documented economic losses, as well as up to $900 in undocumented economic damages. Read more.

Niaspan Antitrust Litigation

Wexler Wallace LLP is one of the Co-Lead Counsel for the plaintiffs in an antitrust class action case against AbbVie Inc. and Teva Pharmaceuticals USA Inc. (and their related companies) on behalf of End-Payors who purchased the cholesterol drug Niaspan. The plaintiffs allege that AbbVie and Teva (and their predecessors) agreed among themselves to keep a generic version of Niaspan off the market for more than eight years. The Plaintiffs have alleged that the defendants’ conduct caused consumers and drug benefit plans to pay more for Niaspan than they otherwise would have paid. Read more.

Celebrex Antitrust Litigation

In July 2014, Wexler Wallace LLP filed a class action case on behalf of end-payors (i.e., consumers and third-party payors, such as insurers and health benefit welfare funds) alleging that defendants (Pfizer and its subsidiaries) unlawfully suppressed generic competition for the blockbuster drug Celebrex. The United States Court of Appeals ruled in 2008 that the patent was invalid and not patentably distinct from previous Pfizer patents that covered the celecoxib compound – the active ingredient in Celebrex used to treat inflammation-related disorders. Read more.

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