In re Flonase Antitrust Settlement
Dec 22, 2017OUTCOME:
In re Flonase Antitrust Litigation, 879 F.3d 61 (3rd Cir. 2017). The Third Circuit found that the 11th Amendment barred a motion that would have enjoined the State of Louisiana from bringing antitru ... st claims in its own court system. "The 11th Amendment covers a motion to enjoin a state from suing in its own court, and because the motion for final settlement approval sought to enjoin Louisiana from suing in its own court, the 11th Amendment covers the motion for final approval of settlement at issue here,” the opinion said. The appeals court also rejected arguments that Louisiana had waived its sovereign immunity because it had received a notice of the settlement under the Class Action Fairness Act and had failed to oppose the settlement.
