The opinion
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 24-2184, 24-2185, 24-2189, 24-2194, 24-2202, 24-2203, 24-2256 & 24-2257
In re: Lipitor Antitrust Litigation
(D.N.J. No. 3:12-cv-02389)
(MDL No. 2332)
SUR PETITION FOR REHEARING
Present: HARDIMAN, SHWARTZ, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS,
FREEMAN, MONTGOMERY-REEVES, CHUNG, BOVE, MASCOTT and SCIRICA*,
Circuit Judges
The petition for rehearing filed by Appellants Direct Purchaser Class Plaintiffs in
the above-entitled case (Nos. 24-2202 & 24-2203) having been submitted to the judges
who participated in the decision of this Court, it is hereby ORDERED that the petition for
rehearing by the panel is GRANTED. The Clerk is directed to file the amended opinion
*
The Honorable Anthony J. Scirica, a member of the merits panel for this appeal,
was unavailable to participate in the decision on panel rehearing. The request for panel
rehearing has been submitted to the remaining members of the merits panel, and the
request for en banc rehearing has been submitted to all active members of the Court who
are not recused. See 28 U.S.C. § 46(d); 3d Cir. I.O.P. 12.1.
contemporaneously with this order. As the revisions do not affect the disposition of the
appeal, the judgment will remain as filed.
The petition for rehearing in the above-entitled case (Nos. 24-2202 & 24-2203)
having also been submitted to all the available circuit judges of the circuit in regular
active service, and a majority of the judges of the circuit in regular service not having
voted for rehearing, the petition for rehearing before the Court en banc filed by
Appellants Direct Purchaser Class Plaintiffs is DENIED.
The petition for rehearing filed by Appellants CVS Pharmacy, Inc., et al.,
Walgreen Co., et al., Meijer, Inc., et al., and Giant Eagle, Inc., in the above-entitled case
(Nos. 24-2184, 24-2185, 24-2189, 24-2194, 24-2256 & 24-2257) having been submitted
to the judges who participated in the decision of this Court and to all the other available
circuit judges of the circuit in regular active service, and no judge who concurred in the
decision having asked for rehearing, and a majority of the judges of the circuit in regular
service not having voted for rehearing, the petition for rehearing filed by those Appellants
is DENIED.
BY THE COURT,
s/Patty Shwartz
Circuit Judge
Date: September 8, 2026
Amr/cc: all counsel of record