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.

JAMMAL, ET AL. V. AMERICAN FAMILY INSURANCE

Wexler Wallace LLP, along with its co-counsel, Hansen Reynolds Dickinson Crueger, the Law Office of Greg Coleman, and Landskroner Grieco Merriman, is litigating a class action lawsuit filed in the United States District Court for the Northern District of Ohio on behalf of current and former insurance agents who were hired by American Family Insurance to sell the company’s insurance products but were denied benefits under the Employment Retirement Income Security Act (ERISA).Read more.

Essure Implant Litigation

On December 21, 2016, Wexler Wallace Partner Ed Wallace was appointed to the Plaintiffs’ Executive Committee for the coordinated Essure litigation in California against Bayer Corp. The FDA approved Essure as a means of permanent contraception for women on November 4th, 2002 . Although originally designed and manufactured by Conceptus, Essure has since been acquired by the pharmaceutical giant, Bayer Corporation. Since 2002, it is estimated that more than 750,000 women have undergone surgery to implant the Essure device, which until recently had been hailed as the next generation of permanent birth control. Although the device is regarded as a “permanent” implant, it is also considered to be reversible, theoretically offering more flexibility than the alternative tubal ligation surgery.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.

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