Nexium Defendants’ Motion to Dismiss Denied

Federal Judge William G. Young today denied the defendants’ motions to dismiss the In re Nexium Antitrust Litigation, pending in the United States District Court in Boston.  Rejecting multiple grounds asserted by the defendants, Judge Young found that the named plaintiffs have standing to bring their claims under the laws of 23 states. And although the Court trimmed the class period slightly, most of it was left intact.   Judge Young did dismiss claims brought under the laws of Illinois, Utah and Puerto Rico, but it gave plaintiffs the right to amend by adding a Utah plaintiff with appropriate standing.  The balance of the case remains, however, with oral argument on plaintiffs’ motion for class certification scheduled to take place on September 17, 2013.  To view a copy of Judge Young’s memorandum and order, click here.

The Nexium litigation was first filed in August, 2012, and Kenneth A. Wexler has been appointed interim co-lead counsel for the putative class.  For more information on the case, click here.