Motion to Dismiss Denied in Skelaxin Antitrust Litigation
Wexler Wallace is pleased to announce that, on May 20, 2013, Judge Curtis L. Collier of the United States District Court for the Eastern District of Tennessee denied Defendants’ motion to dismiss Plaintiffs’ claims the Skelaxin Antitrust Litigation. In the case, Plaintiffs allege that Defendants King Pharmaceuticals, Inc. and Mutual Pharmaceutical Company, Inc. (“Defendants”) entered into an anticompetitive conspiracy to keep generic versions of Skelaxin, a muscle relaxant, out of the market. According to Plaintiffs, Defendants used sham litigation, baseless citizen petitions, and unlawful “settlement agreements” to allocate the metaxalone market and fix prices. Judge Collier ruled that Plaintiffs’ case—seeking damages and injunctive relief for injured end-payors (i.e., consumers and third-party payors such as insurers and health benefit funds)—may proceed in its entirety. To read more about this case, please click here.