|By PR Newswire||
|September 4, 2014 09:17 AM EDT||
CHATTANOOGA, Tenn., Sept. 4, 2014 /PRNewswire/ -- The following statement is being issued by the Law Offices of Gordon Ball regarding the Skelaxin (Metaxalone) Antitrust Litigation.
If You Operate a Business and Indirectly Purchased Skelaxin for Resale, You Could be Affected by a Proposed Class Action Settlement.
What is this about?
Subject to Court Approval, a $2 million Settlement has been reached in a class action lawsuit called In re Skelaxin (Metaxalone) Antitrust Litigation pending in the United States District Court for the Eastern District of Tennessee. The lawsuit claims that Mutual Pharmaceutical Company, Inc. conspired with King Pharmaceuticals, Inc. to prevent and delay generic competition to King's brand-name drug, Skelaxin, resulting in artificially high prices.
Mutual denies it did anything wrong. The Court has not decided who is right or whether to approve the Settlement.
Who is a Class Member?
The class includes all persons or entities in the United States that operate a business outside Tennessee and indirectly purchased Skelaxin for resale between November 4, 2005 and August 5, 2014. Purchasing "indirectly" means that you purchased Skelaxin from a wholesaler or distributor, rather than directly from the manufacturer. Purchasing "for resale" means that you resold the Skelaxin you purchased to consumers.
What are the benefits?
Mutual has agreed to pay $2 million in exchange for a release of claims asserted in this case. A direct cash distribution is not practical due to the number of Class Members. Instead, if approved by the Court, the Fund will pay for attorneys' fees and expenses and be distributed on behalf of the Class to charitable, nonprofit, or governmental organizations. Class Counsel will identify eligible organizations and solicit proposals. Class Members may also nominate organizations online at www.SkelaxinPharmacySettlement.com. Nominations by Class Members are due by October 4, 2014, and proposals from organizations must be submitted by October 19, 2014. Class Counsel will make a recommendation in the Plan of Allocation, to be filed by November 3, 2014.
What are my rights?
Do nothing - if you do nothing, you will be bound by the decisions of the Court and will not be able to sue Mutual. Exclude yourself - if you exclude yourself, you cannot object to the Settlement or Plan of Allocation, but you can pursue a lawsuit against Mutual on your own. The exclusion postmarked deadline is November 18, 2014. Object - write a letter with your objections to the Court, so that it is received by November 18, 2014. Complete details of your rights and how to exclude yourself are found on www.SkelaxinPharmacySettlement.com.
The Court has scheduled a hearing at 10:00 a.m. on January 14, 2015, at the United States Courthouse, 900 Georgia Avenue, Chattanooga, TN 37402, to determine the fairness of the Settlement, attorneys' fees and expenses, and the Plan of Allocation. The motion for approval of the settlement and the Plan of Allocation and application for attorneys' fees and expenses will be filed by November 3, 2014 and posted on the website below. You may appear at the Hearing, but you don't have to.
This is only a summary. More details are in the Proposed Settlement Agreement. You can get a copy of the settlement agreement by visiting www.SkelaxinPharmacySettlement.com. You may also call the settlement administrator toll-free at 1-844-491-5738. You may also write to: Skelaxin Pharmacy Settlement, c/o Heffler Claims Group, P.O. Box 58219, Philadelphia, PA 19102-8219.
SOURCE Law Offices of Gordon Ball
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