United States First Circuit

Approval of a settlement in a class action lawsuit involving claims that AstraZeneca Pharmaceuticals published artificially inflated prescription drug prices is affirmed where: 1) district court did not abuse its discretion by finding the settlement provision creating a cy pres fund was fair, adequate, and reasonable; 2) plaintiff's objection to class counsel allegedly negotiating attorneys' fees with the settlement is waived; 3) district court satisfied the requirements of Rule 23(c)(1)(B); and 4) plaintiff's argument that the district court did not properly certify class counsel under Rule 23(g) is waived.

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Donald E. Haviland with whom Michael J. Lorusso and The Haviland Law Firm, LLC were on brief for the appellant.


• For Appellees:
  
• Steve Berman with whom Sean R. Matt, Thomas M. Sobol, Edward Notargiacomo, Hagens Berman Sobol Shapiro LLP, Kenneth R. Wexler, Jennifer Fountain Connolly, Wexler Wallace LLP, Jeffrey Kodroff, John A. Marcoretta, Spector, Roseman, Kodroff & Willis P.C., Marc H. Edelson, and Hoffman & Edelson were on brief for the appellee.