In re Cardizem CD Antitrust Litigation

Master File No. 99-MD-1278; MDL No. 1278 (E.D. Michigan) (Hon. Nancy G. Edmunds).

Garwin, Bronzaft, Gerstein & Fisher represents a class of direct purchasers of the drug Cardizem CD in this complex antitrust litigation.

Plaintiffs alleged that defendants entered into an agreement in violation of federal antitrust laws to prevent generic competition for Cardizem CD from entering the U.S. market. To date, Judge Edmunds, after intensive briefing and argument found that defendants' agreement constituted a per se violation of Section 1 of the Sherman Act(105 F. Supp. 2d 682 (E.D. Mich., 2000) and has certified a class of direct purchasers (200 F.R.D. 326, (E.D. Mich., 2001)). Judge Edmunds' per se opinion was appealed by defendants' to the United States Circuit Court of Appeals for the Sixth Circuit. That appeal is currently pending.

Meanwhile, after extensive discovery adn an intensemediation, plaintiffs' counsel agreed to settle the claims ofthe class of direct purchasers for $110,000,000, subject to court approval. Judge Edmunds preliminarily approved the proposed settlement on September 24, 2002. Plaintiffs' motions for final approval of the settlement and the plan of allocation of the settlement proceeds, as well as counsel's request for attorney's fees and reimbursement of expenses will be filed on November 4, 2002. Copies of plaintiffs' motion for preliminary approval (including the Settlement Agreement), as well as the Summary Notice of Proposed Class Settlement and Hearing Regarding Settlement

Garwin, Bronzaft, Gerstein & Fisher, L.L.P. is co-lead counsel in this case.

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SETTLEMENT AGREEMENT

SUMMARY NOTICE OF PROPOSED CLASS SETTLEMENT

NOTICE OF PROPOSED CLASS SETTLEMENT AND HEARING REGARDING SETTLEMENT

MOTION FOR FINAL APPROVAL OF SETTLEMENT

BRIEF FOR APPROVAL OF PLAN OF ALLOCATION

ATTORNEYS' FEES REIMBURSMENT OF EXPENSES AND INCENTIVE AWARDS



Attorney's Supporting Fee Affidavits

Berger & Montague, PC
Boies, Schiller & Flexner, LLP
Burt & Pucillo, LLP
Calvin Law Firm
Conley, Rose & Tayon
Garwin, Bronzaft, Gerstein, & Fisher, LLP
Susan LaCava, SC
Niewald, Waldeck & Brown and Lowther Johnson, LLC
Odem & DesRoches, LLP
Percy, Smith, Foote, & Gadel, LLP
Elwood S. Simon & Associates, PC
Jack A. Staph & Associates