In Re Bextra and Celebrex Marketing Sales Practices and Product Liability Lit.

MEMORANDUM AND ORDER RE: MOTION TO DISMISS PURCHASE CLAIMS IN SECOND AMENDED MASTER CELEBREX AMD BEX-TRA COMPLAINTS FOR LACK OF STANDING AND RES JUDICA-TA

These putative class action lawsuits arise out of the marketing and sale of the prescription drugs Celebrex and Bextra. Now pending before the Court are defendants’ motions to dismiss on the grounds of standing, res judicata, and failure to state a claim. This Memorandum and Order will address the standing and res judi-cata issues; the Court will issue a separate Memorandum and Order addressing the remaining issues. As the parties are familiar with the allegations of the Second Amended Master Complaints (“SAC”), the Court will not repeat them here.

I. STANDING

The SAC makes claims on behalf of third-party payor plaintiffs (for example, health plans) under various states’ consumer protection laws. Celebrex SAC ¶ 250. It also makes claims on behalf of five “association” plaintiffs: California Public Interest Research Group, Inc.; Health Care For All; North Carolina Fair Share; United Senior Action of Indiana; and Wisconsin Citizen Action. Celebrex SAC ¶¶ 24, 31, 52, 66, 68. Defendants dispute the standing of these plaintiffs to…