Kicking an antitrust case against the makers of narcolepsy drug Provigil back to a lower court for a second look at whether the litigation merits class action status, a split U.S. Court of Appeals for the Third Circuit has detailed a new framework for analyzing numerosity.
In a ruling Tuesday, the court did not entirely scrap the idea of a potential class of direct purchasers of the wakefulness drug—rather, it noted that the small number of plaintiffs merits a second look under a new framework to determine whether numerosity was satisfied.
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