Class Certification Argued in Wellbutrin XL
On April 29, 2011, Judge Mary McLaughlin heard expert testimony and arguments by counsel on Plaintiffs’ motion for class certification. Most of the battle centered on the issue of demonstrating proof of antitrust impact on a class-wide basis in light of the standards espoused by the Third Circuit in In Re Hydrogen Peroxide Antitrust Litigation, 552 F.3d 305 (2008). Judge McLaughlin requested post-hearing briefs and the parties engaged in further oral argument on May 27, 2011. The court has requested additional briefing on choice of law questions. A decision on class certification is still expected this summer.