If you were enrolled as a student at Gannon University (“Gannon” or “University”) after March 16, 2020, were assessed tuition and/or fees for the Spring 2020 semester, and you were not enrolled for the Spring 2020 semester solely in classes that, at the beginning of the Spring 2020 semester, were delivered as an online program, you are part of the proposed settlement class (a “Settlement Class Member”) affected by this lawsuit.

The lawsuit says that Wyeth violated the law when it obtained three patents covering Effexor XR that it should not have and used those patents to wrongfully sue manufacturers who were applying to make, use, or sell a generic version of Effexor XR, in order to delay generic versions from coming to the market. It claims Wyeth then settled those lawsuits by agreeing to pay the generic manufacturers if those manufacturers agreed to delay selling their generic versions of Effexor XR.

The lawsuit also says Wyeth entered into an unlawful agreement, called a horizontal market-allocation and price-fixing agreement, in which Wyeth paid generic manufacturer Teva to delay entering the market with its generic version of Effexor XR. Specifically, the lawsuit claims that Wyeth agreed to delay selling Wyeth’s own generic version of Effexor XR once Teva was permitted to enter the market. This meant that Teva was allowed to sell its generic version of Effexor XR without any generic competitors for a longer time than it normally would have and could charge higher prices than it would have otherwise.

Plaintiffs allege that, if Wyeth did not take these actions, generic versions of Effexor XR would have been available sooner. Because of the delay in generic competition, people were not able to purchase lower-cost generic versions of Effexor XR and were overcharged.

Wyeth denies all these allegations, including that the Plaintiffs or Class Members are entitled to damages or any other relief.

There has been no determination by the Court or a jury that the allegations against Wyeth have been proven or that, if proven, Wyeth’s conduct caused harm to the Class.

This lawsuit is not about the safety or efficacy of Effexor XR or its generic equivalents.

There has been a $25.5 million settlement with Wyeth (the “Settlement”). The case against Teva is still ongoing. Generally, you are included in the Settlement if you purchased, paid for, and/or reimbursed some or all of the cost of Effexor XR or AB-rated generic versions of Effexor XR in certain states from June 14, 2008 through May 31, 2011. The included states are: Arizona, California, Florida, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, West Virginia, and Wisconsin.

This website includes detailed information about the lawsuit, the Settlement, and your legal rights and options in connection with the Settlement. The Court will hold a hearing on September 12, 2024 at 11:00 a.m. to consider whether to approve the Settlement, a request for attorneys’ fees of up to 34% of the Settlement Fund, plus costs and expenses, and service awards to the class representatives. Other important dates are set forth below. The Court may change these deadlines or the hearing date and time. Check this website for updates.