Perrigo Securities Class Action

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Perrigo Securities Class Action
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The information contained on this website is only a summary of information presented in more detail in the Notice of Pendency of Class Action (the “Notice”), which you can access by clicking here. Since this website is just a summary, you should review the Notice for additional details. 

If you are a Class Member, your legal rights will be affected by this Settlement whether you act or do not act.  Please read the Notice carefully.


The Notice was sent pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Southern District of New York (the “Court”) to inform you (i) of a class action lawsuit that is now pending in the Court under the caption In re Perrigo Company plc Securities Litigation, Case No. 19-cv-0070-DLC (S.D.N.Y.) (the “Action”) against Perrigo Company plc (“Perrigo”), Murray S. Kessler, and Ronald L. Winowiecki (collectively, “Defendants”), and (ii) that the Action has been certified by the Court to proceed as a class action on behalf of a class of certain purchasers and acquirers of Perrigo common stock. 

The “Class,” as certified by the Court, consists of:  All persons or entities who purchased or otherwise acquired publicly traded common stock of Perrigo Company plc (“Perrigo”) in the United States, from November 8, 2018 to December 20, 2018, inclusive, and who were damaged thereby.

Excluded from the Class by definition are (i) Defendants; (ii) the officers and directors of Perrigo at all relevant times; (iii) members of the immediate family of each person noted above; (iv) the legal representatives, heirs, agents, affiliates, successors or assigns of any such excluded party; (v) Defendants’ liability insurance carriers and any affiliates or subsidiaries thereof; and (vi) any entity in which Defendants or their immediate families have or had a controlling interest.

If you are a member of the Class, your rights will be affected by this Action. If you do not meet the Class definition, this Notice does not apply to you. If you are uncertain whether you are a member of the Class, contact Class Counsel or your own attorney.

 

YOUR RIGHTS AS A CLASS MEMBER

A class action is a type of lawsuit in which one or several individuals or entities prosecute claims on behalf of all members of a group of similarly-situated persons and entities (i.e., the class) to obtain monetary or other relief for the benefit of the entire group. Class actions avoid the necessity of each member of a class having to file his, her or its own separate lawsuit to obtain relief. Class actions are used to decide legal and factual issues that are common to all members of a class. Importantly, class members are NOT individually responsible for the attorneys’ fees or litigation expenses. In a class action, attorneys’ fees and litigation expenses are paid from the settlement fund (or the court judgment amount) and must be approved by the Court. If there is no recovery, the attorneys do not get paid.

 

If you (a) purchased or otherwise acquired publicly traded common stock of Perrigo in the United States during the period November 8, 2018 up through and including December 20, 2018, and were damaged thereby, and you are not excluded from the Class by definition, you are a member of the Class. If you are a member of the Class, you have the right to decide whether to remain a member of the Class. If you choose to remain a member of the Class, you do not need to do anything at this time other than to retain your documentation reflecting your transactions and holdings in Perrigo common stock as discussed below in paragraph 13. If you are a member of the Class and wish to be excluded from the Class, you must request exclusion in accordance with the procedure set forth in paragraph 14, below. Your decision is important for the following reasons:

 

a. If you choose to remain a member of the Class, you will be bound by all past, present and future orders and judgments in the Action, whether favorable or unfavorable. If any money is awarded to the Class, either through a settlement with Defendants or a judgment of the Court, you will be eligible to receive a share of that award. If, however, Defendants prevail, you may not pursue a lawsuit on your own behalf with regard to any of the issues decided in this Action. Pursuant to Rule 23(e)(4) of the Federal Rules of Civil Procedure, it is within the Court’s discretion as to whether a second opportunity to request exclusion from the Class will be allowed if there is a settlement or judgment in the Action. Please note that if you remain a member of the Class, you will not be personally responsible for Class Counsel’s attorneys’ fees or costs. Class Counsel has agreed to represent the Class on a contingent fee basis, which means that they will be awarded fees and costs only if they succeed in obtaining a recovery from one or more Defendants. Any attorneys’ fees for Class Counsel will be awarded by the Court from the settlement or judgment, if any, obtained on behalf of the Class. As a member of the Class you will be represented by Class Counsel. You may remain a member of the Class and elect to be represented by counsel of your own choosing. If you do retain separate counsel, you will be responsible for that counsel’s fees and expenses and such counsel must enter an appearance on your behalf by filing a Notice of Appearance with the Court and mailing it to Class Counsel at the addresses set forth in paragraph 16 below on or before April 19, 2021.

 

b. If you choose to be excluded from the Class, you will not be bound by any judgment in this Action, nor will you be eligible to share in any recovery that might be obtained in this Action. However, you may be able to retain the right to individually pursue any legal rights that you may have against any Defendants with respect to the claims asserted in the Action. Please refer to paragraphs 14-15 below if you would like to be excluded from the Class.

 

Members of the Class will be eligible to participate in any recovery that might be obtained in the Action. While this Notice is not intended to suggest any likelihood that Lead Plaintiffs or members of the Class will recover any such damages, should there be a recovery, members of the Class will be required to support their requests to participate in the distribution of any such recovery by demonstrating their membership in the Class and documenting their purchases, sales and/or holdings of Perrigo common stock and their resulting damages. For this reason, please be sure to keep all records of your transactions in these securities. No money or benefits are available now and there is no guarantee that money or benefits will be obtained. If they are, you will be notified regarding how to obtain a share.

 

HOW TO BE EXCLUDED FROM THE CLASS

 

If you wish to be excluded from the Class, you must specifically request exclusion in accordance with the following procedures. You must send a letter by first-class mail stating that you “request exclusion from the Class in In re Perrigo Company PLC Securities Litigation, Case No 19-cv-00070-DLC.” Your request must: (i) state the name, address and telephone number of the person or entity requesting exclusion; (ii) state the number of shares of Perrigo common stock purchased, otherwise acquired, and/or sold during the period November 8, 2018 up through and including December 20, 2018, as well as the dates and prices of each such purchase, acquisition and/or sale during that time period; and (iii) be signed by the person or entity requesting exclusion or an authorized representative accompanied by proof of authorization. You must mail your exclusion request, postmarked by no later than March 22, 2021, to:

 

Perrigo Securities Litigation

c/o A.B. Data, Ltd.

P.O. Box 173013

Milwaukee, WI 53217

 

You cannot exclude yourself from the Class by telephone or by e-mail, and a request for exclusion shall not be effective unless it contains all the information called for by this paragraph and is postmarked by the date stated above or is otherwise accepted by the Court.

 

If your request for exclusion is accepted by the Court, you will not be bound by any judgment in this Action, nor will you be eligible to share in any recovery that might be obtained in this Action.

 
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