Chief U.S. District Court Judge Rebecca Beach Smith of the Eastern District of Virginia, Norfolk Division appointed Motley Rice attorney Michael Buchman, and co-counsel Marvin Miller of Chicago firm Miller Law LLC, as Interim Co-Lead Counsel for the In re Zetia Antitrust Litigation MDL No. 2:18md2836, in which the End-Payor Plaintiffs allege Merck & Co. Inc., conspired with at least one other generic drug maker to delay Zetia generic market entry.
Chief Judge Smith announced the leadership appointments Aug. 15, 2018, following a hearing that was held the week prior, stating in an order that both firms demonstrated their ability to work with attorneys on both sides of the litigation. As such, she said the pair will be able to, “fairly and adequately represent the interests of the class.”
Chief Judge Smith noted that after reviewing all qualified proposals, the plan put forth by Motley Rice and Miller Law would “best balance the needs of the EPPs for efficient and effective representations.”
Chief Judge Smith also explained that the firms’ combined experience on similar cases provide extensive knowledge of the applicable laws applying to the Zetia case. Additionally, she noted that neither firm depends on outside funding or resources, which will give the plaintiffs a significant advantage.
The End-Payor case, In re Zetia (Exetimibe) Antitrust Litigation, MDL No. 2:18md2836, is being litigated in U.S. District Court for the Eastern District of Virginia, Norfolk Division.