United States First Circuit

On appeal from class action settlements involving actions brought by purchasers of pharmaceutical drugs against publishers of drug pricing data, the judgment of the district court is affirmed where: 1) there is no apparent reason to allow participation as an appellant by one who is neither a class member nor sought to intervene in the district court and here, the proposed settlement was widely known in the industry, the pharmacy interests are amply represented on appeal and it is hard to see what would be added by further parties; 2) district court's judgment does not operate against non-party pharmacies so as to violate their due process rights or offend FRCP Rule 19 as the district court's management of the case, its insistence on a revised settlement and multiple hearings have given the pharmacy interests a lengthy period to prepare for the rollback; and 3) the district court permissibly found that the settlements were fair, reasonable, and adequate.

Appellate Information

• Decided 09/03/2009
• Published 09/03/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, SELYA & DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Daniel S. Savrin with whom Francesca Lucia Miceli, Angela J. Neal and Bingham McCutchen LLP were on brief for amicus curiae-appellant National Association of Chain Drug Stores, interested party-appellant Food Marketing Institute, and provisional intervenors Eaton Apothecary, Louis and Clark Drug, Inc. and Thrifty White Drug., Daniel S. Savrin with whom Francesca Lucia Miceli, Angela J. Neal, Bingham McCutchen LLP, David J. Farber, Edward D. Gehres, III and Patton Boggs LLP were on brief for interested party-appellant DeVille Pharmacies and appellants-provisional intervenors Long Term Care Pharmacy Alliance and American Society of Consultant Pharmacists., David S. Savrin for interested party-appellant National Community Pharmacists Association. David A. Balto and Law Offices of David A. Balto on brief for interested party-appellant National Community Pharmacists Association., David S. Savrin for putative intervenor-amicus curiae-appellant Pharmaceutical Care Management Association. Catherine R. Connors, John J. Aromando, Katherine I. Rand and Pierce Atwood LLP on brief for putative intervenor-amicus curiae-appellant Pharmaceutical Care Management Association.


• For Appellees:
  
• Sheila L. Birnbaum with whom Thomas E. Fox, Matthew J. Matule, Nicholas I. Leitzes and Skadden, Arps, Slate, Meagher & Flom LLP were on brief for appellee First DataBank, Inc., Thomas M. Sobol with whom Steve W. Berman, Sean R. Matt, Nicholas Styant-Browne, Barbara A. Mahoney, Hagens Berman Sobol Shapiro LLP, Kenneth A. WexlerJennifer Fountain Connolly, Wexler Wallace LLP, Jeffrey Kodroff, John Macoretta, Spector, Roseman, Kodroff & Willis, PC, Marc H. Edelson, Edelson & Associates, George E. Barrett, Edmund L. Carey, Jr. and Barrett, Johnston & Parsley were on brief for appellee New England Carpenters Health Benefits Fund, et al., Karl R. Barnickol with whom Katten Muchin Rosenman LLP was on brief for appellee Medi-Span, a division of Wolters Kluwer Health, Inc.