SGT is litigating as part of a committee with court-appointed interim co-lead counsel representing direct purchaser drug wholesalers Rochester Drug Co-Operative, Inc. (“Rochester Co-op”) and Dakota Drug, Inc. (“Dakota Drug”) in a proposed class action against Mylan, the brand-name manufacturer of EpiPen, and the nation’s three largest pharmacy benefit managers, Express Scripts, CVS Caremark, and OptumRx, alleging violations of RICO (the Racketeer Influenced and Corrupt Organizations Act) and the antitrust laws (the Sherman Antitrust Act) predicated on inflation of EpiPen prices.
The court has in large part sustained plaintiffs’ claims after two separate rounds of motions to dismiss by defendants under Rule 12(b)(6) and a third motion for judgment on the pleadings under Rule 12(c).
The case is pending before the Honorable Judge Eric C. Tostrud of the United States District Court for the District of Minnesota (In re EpiPen Direct Purchaser Litigation, D. Minn, Case No. 20-CV-00827).
