Mass Tort brief
Mass Tort & Class Action Developments
Teva resolves U.S. generic patent litigation while Israel's Supreme Court expands consumer class action liability for event operators.
Mass Tort
Teva traded immediate entry for long-term litigation certainty — avoiding trial penalties while establishing a fixed 2036 horizon for its U.S. generic lupus drug.
BackgroundGeneric drugmakers routinely challenge brand patents under U.S. Hatch-Waxman law to establish earlier market entry dates. Patent settlements eliminate trial risks and legal defense costs for producers while preserving exclusivity windows for originators.
- Teva agreed to delay U.S. commercialization of 7.9 mg generic voclosporin capsules until late 2036, protecting Aurinia's revenue stream for over a decade.
- The deal ends infringement litigation in U.S. District Court in New Jersey with no financial penalties or cash transfers between the companies.
- Securing a settled entry date removes litigation drag for Teva, allowing the Israeli drugmaker to focus capital on higher-priority generic pipeline launches.
Mass Tort
Israel's Supreme Court ended the refund shield for event operators — opening sports clubs and promoters to class action claims for attendees' lost time and travel.
BackgroundIsraeli venue managers traditionally argued that refunding original ticket prices satisfied all legal duties following canceled sporting matches or concerts. Class action litigation has increasingly sought recovery for downstream consumer losses, including wasted travel time and non-refundable transit costs.
- Justice Ofer Grosskopf ruled ticket refunds do not eliminate claims for travel and lost time, opening operators to broader consumer liability.
- The precedent expands financial risk for Israeli sports clubs, concert promoters, and commercial venues facing sudden schedule changes or security cancellations.
- The certified class action returns to lower court to set compensation standards for thousands of affected event attendees across Israel.
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