Painters & Allied Trades District Council 82 Healt v. Takeda Pharmaceutical Company Limited

FILED

NOT FOR PUBLICATION

JUN 16 2025

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAINTERS & ALLIED TRADES No. 23-55742

DISTRICT COUNCIL 82 HEALTH

CARE FUND, third-party healthcare payor D.C. No. fund; et al., 2:17-cv-07223-JWH-AS

Plaintiffs-Appellees,

MEMORANDUM*

v.

TAKEDA PHARMACEUTICAL

COMPANY LIMITED, a Japanese Corporation; et al.,

Defendants-Appellants.

Appeal from the United States District Court for the Central District of California John W. Holcomb, District Judge, Presiding

Argued and Submitted November 14, 2024 Submission Deferred June 2, 2024 Re-submitted June 6, 2025 San Francisco, California

Before: S.R. THOMAS and MILLER, Circuit Judges, and ROSENTHAL,** District Judge. Dissent by Judge MILLER.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Takeda Pharmaceutical (“Takeda”) and Eli Lilly (“Lilly”), the manufacturer

and seller of anti-diabetes drug Actos, appeal the district court’s order certifying a

class of Third-Party Payors…