It Seems That At least Four Of The Insurance Companies Have Elected To Litigate Their "Boxcar" Zetia® Antitrust Claims Separately, "Opting Out" -- And Returning To Home District Courts...

Well. . . this is, in some ways, a metaphorical pre-saging, of the "Revenge of the SIXTH" -- now arriving in a few days. Heh.

It turns out that about a year ago, these four behemoth insurers (United Healthcare, Centene, Humana, and Kaiser), at least in an oral statement to the federal court in Norfolk, Virginia, elected to handle their own litigation against Merck and Glenmark -- rather than continue in the consolidated action (once discovery was completed, they said).

Of course, they may now choose to withdraw that motion, and decide to take their share of the class settlements (without the pain and expense of four separate trials), all as agreed at the end of last month (which we have at least speculated. . . may exceed $1 billion, when all added up). But if they do not, then the overall figure is certain to rise, from here.

To wit, in an overnight order in Virginia, the able USDC Judge as tasked the four with "fishin', or cuttin' bait." That is, it is time to decide:

. . .During the July 22, 2022, status conference before the undersigned and United States Magistrate Judge Douglas E. Miller, four of the Plaintiffs. . . represented to the court that they would not proceed in the consolidated trial and would instead seek remand to their respective home jurisdictions. . . pursuant to 28 U.S.C. § 1407(a). . . .

Considering that nearly a year has passed since the Opt-Out Plaintiffs notified the court of their intention to remand their actions to their respective home districts, the latter option is the most appropriate way to proceed.

As such, Plaintiffs United Healthcare, Centene, Humana, and Kaiser, are each DIRECTED to file a motion to remand their action with the Panel on Multidistrict Litigation within thirty (30) days of this Order. See id.

Counsel for the Defendants, the DPPs, the Retailers, and the EPPs are hereby reminded to file agreed dismissal orders with any necessary motions, pursuant to the court's instructions, within thirty (30) days of their settlement notifications to the court and the conferences held with the court thereafter. . . .

Now you know -- we will keep you posted, but this could increase the amount Merck and Glenmark must pay. Moreover, we may learn more in the SEC Form 10-Q for the first quarter, from Merck -- due into the EDGAR filing window, shortly. onward, grinning. . . .

नमस्ते