Approval of a settlement in a class action lawsuit involving claims that AstraZeneca Pharmaceuticals published artificially inflated prescription drug prices is affirmed where: 1) district court did not abuse its discretion by finding the settlement provision creating a cy pres fund was fair, adequate, and reasonable; 2) plaintiff's objection to class counsel allegedly negotiating attorneys' fees with the settlement is waived; 3) district court satisfied the requirements of Rule 23(c)(1)(B); and 4) plaintiff's argument that the district court did not properly certify class counsel under Rule 23(g) is waived.
Appeal from the United States District Court for the District of Massachusetts
Decided November 20, 2009
Opinion by Lynch, Chief Judge
For Appellee: Steve Berman, Sean R. Matt, Thomas M. Sobol, Edward Notargiacomo, Hagens Berman Sobol Shapiro LLP; Kenneth R. Wexler, Jennifer Fountain Connolly, Wexler Wallace LLP, Jeffrey Kodroff, John A. Marcoretta, Spector, Roseman, Kodroff & Willis P.C., Marc H. Edelson, and Hoffman & Edelson