Opinion
MDL 2724 16-md-2724 16-CB-27241 16-CM-27241
12-05-2024
IN RE GENERIC PHARMACEUTICALS PRICING ANTITRUST LITIGATION IN RE: CLOBETASOL CASES IN RE: CLOMIPRAMINE CASES THIS DOCUMENT APPLIES TO: DPP BELLWETHER ACTIONS
ORDER
CYNTHIA M. RUFE, J.
AND NOW, this 5th day of December 2024, upon consideration of the Motions to Exclude [16-CM-27241: Doc. Nos. 90, 91, and 102; 16-CB-27242: Doc. Nos. 139, 141, and 151] and the responses and replies thereto, and after hearings and arguments held on September 2426, October 8, and October 10, 2024, and for the reasons set forth in the accompanying Opinion, it is hereby ORDERED that:
1. DPPs' motion to exclude the opinions of Dr. Gilbert is DENIED in part and GRANTED in part as it relates to testimony by Dr. Gilbert that economic evidence has no bearing on determining the difference between legal and illegal interdependent conduct.
2. Defendants' motion to exclude the opinions of Dr. McGuire is DENIED in part and GRANTED in part to the extent that Dr. McGuire opines that his conditional probability test demonstrates the existence of a “super” plus factor.
3. Defendants' motion to exclude the opinions of Dr. Leitzinger is DENIED in part and GRANTED in part as his opinions relate to his alternative overcharge calculations.
It is so ORDERED.