Class Actions -- 2018



GlaxoSmithKline LLC v. Louisiana   (U.S. Supreme Court)

Sovereign immunity and duplicative state government suits

The NAM filed an amicus brief in support of GlaxoSmithKline’s (GSK) petition for certiorari to the U.S. Supreme Court seeking review of an appellate court’s decision that allowed the state of Louisiana to sue GSK after the state received benefits from a class action settlement involving the same claims. At issue was whether the state can be bound by the settlement agreement when it claimed sovereign immunity from litigation under the Eleventh Amendment. Certainty and fairness in class actions settlements are important to manufacturers who seek litigation closure. The NAM’s brief explained why the Supreme Court should have reviewed the case to resolve the conflict between the appellate decision and numerous other decisions holding that sovereign immunity does not extend beyond claims filed against a state. GSK agreed to a favorable settlement with the state, and as a result of the settlement, the U.S. Supreme Court dismissed the petition for review.


Related Documents:
NAM brief  (August 8, 2018)