The Eagle Pharmaceuticals Class Action Lawsuit: Evaluating Investor Rights and Remedies

If you suffered losses in Eagle Pharmaceuticals stock, contact Eagle Pharmaceuticals stock loss lawyer Timothy L. Miles

summary of the EAGLE PHARMACEUTICALS CLASS ACTION LAWSUIT

Contact a Eagle Pharmaceuticals Stock Loss Lawyer about an Eagle Pharmaceuticals class action lawsuit

The Eagle Pharmaceuticals class action lawsuit seeks to represent purchasers or acquirers of Eagle Pharmaceuticals, Inc. (NASDAQ: EGRX) securities between August 8, 2023 and November 28, 2023, inclusive (the “Class Period”).  Captioned Miller v. Eagle Pharmaceuticals, Inc., No. 23-cv-23011 (D.N.J.), the Eagle Pharmaceuticals class action lawsuit charges Eagle Pharmaceuticals and certain of its top current and former executive officers with violations of the Securities Exchange Act of 1934.
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If you suffered losses in Eagle Pharmaceuticals stock and wish to serve as lead plaintiff in the Eagle Pharmaceuticals class action lawsuit, please contact Eagle Pharmaceuticals Stock Loss Lawyer Timothy L. Miles by calling 855/846-6529 or via e-mail at [email protected] or by submitting a contact form. 

​Lead plaintiff motions for the Eagle Pharmaceuticals class action lawsuit class action lawsuit must be filed with the court no later than February 9, 2024.

Read on as we discuss what every investor needs to know about the Eagle Pharmaceuticals class action lawsuit and the rights and remedies investors possess.

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the ALLEGATIONS IN THE EAGLE PHARMACEUTICALS CLASS ACTION LAWSUIT

​Eagle Pharmaceuticals has several commercialized products, including PEMFEXY, which is a metabolic inhibitor used in combination with chemotherapy for the initial treatment of certain genomic tumor aberrations.

The Eagle Pharmaceuticals class action lawsuit alleges that, throughout the Class Period, defendants failed to disclose that: (i) Eagle Pharmaceuticals was experiencing slower than anticipated pull-though from a wholesale customer predominantly due to expiry of inventory; (ii) as a result, Eagle Pharmaceuticals had overstated its revenue; and (iii) Eagle Pharmaceuticals did not have effective internal controls and procedures over financial reporting as to PEMFEXY sales.

The Eagle Pharmaceuticals class action lawsuit alleges that on November 9, 2023 Eagle Pharmaceuticals announced that it would not release its third quarter 2023 results that day (as had been expected) because Eagle Pharmaceuticals “requires more time to review potential adjustments relating to the reporting of sales of PEMFEXY® prior to filing its Form 10-Q” and that Eagle Pharmaceuticals “expects to revise its previously disclosed 2023 full year guidance downward.”  On this news, Eagle Pharmaceuticals’ stock price more than 30%, according to the complaint.

The Eagle Pharmaceuticals class action lawsuit further alleges that later on November 9, 2023 after the market closed, Eagle Pharmaceuticals disclosed that it was reviewing “potential adjustments to reserves for returns and price adjustments of approximately $15.0 million to $20.0 million” related “to returns and a price adjustment for PEMFEXY stemming from slower-than-anticipated pull-through from a wholesale customer predominantly due to expiry of inventory.”  On this news, Eagle Pharmaceuticals’ stock price fell nearly 3%, the complaint alleges.

Then, on November 29, 2023, the Eagle Pharmaceuticals class action lawsuit also alleges that Eagle Pharmaceuticals disclosed that its President and CEO, defendant Scott Tarriff, resigned and that Eagle Pharmaceuticals’ board of directors accepted the resignation “[a]fter consideration of various alternatives, including termination with or without cause.”  On this news, Eagle Pharmaceuticals’ stock price fell an additional 31%, the complaint alleges.

THE LEAD PLAINTIFF DEADLINE IN THE EAGLE PHARMACEUTICALS CLASS ACTION LAWSUIT

​​When a securities class action is filed such as the Eagle Pharmaceuticals class action lawsuit, the person who files the first complaint is required to publish a notice announcing the filing. Anyone who wants to be lead plaintiff on behalf of the class in the Eagle Pharmaceuticals class action lawsuit must thereafter file a motion to be appointed as lead plaintiff(s) no later than 60 days after the notice was published. 

THE LEAD PLAINTIFF PROCESS IN THE EAGLE PHARMACEUTICALS CLASS ACTION LAWSUIT

The Private Securities Litigation Reform Act of 1995 permits any investor who purchased and suffered losses in Eagle Pharmaceuticals stock to seek appointment as lead plaintiff in the Eagle Pharmaceuticals class action lawsuit. A lead plaintiff is generally the movant with the greatest financial interest in the relief sought by the putative class who is also typical and adequate of the putative class. ​

​A lead plaintiff acts on behalf of all other class members in directing the class action lawsuit. The lead plaintiff can select a law firm of its choice to litigate the securities class action lawsuit.  An investor’s ability to share in any potential future recovery of the class action lawsuit is not dependent upon serving as lead plaintiff. If you suffered losses in Eagle Pharmaceuticals stock and have further questions, contact Eagle Pharmaceuticals stock loss Lawyer Timothy L. Miles today who would fight to recover your damages in a Eagle Pharmaceuticals class action lawsuit if you suffered losses in Eagle Pharmaceuticals stock.

A NON-U.S. INVESTOR may SERVE AS LEAD PLAINTIFF IN THE EAGLE PHARMACEUTICALS CLASS ACTION LAWSUIT

​Yes, courts in the U.S. have consistently recognized that non-U.S. investors, many of whom have substantial holdings, are adequate lead plaintiffs and have the same right to move for lead plaintiffs as U.S. investors.  Thus, if a non-U.S. investor suffered losses in Eagle Pharmaceuticals​ stock, they may move the Court to be appointed lead plaintiff in the Eagle Pharmaceuticals class action lawsuit. 

THE BENEFITS OF SERVING AS LEAD PLAINTIFF IN THE EAGLE PHARMACEUTICALS LAWSUIT

Serving as a Lead Plaintiff in the Eagle Pharmaceuticals lawsuit has several advantages and important benefits including:

• A Lead Plaintiff is able to negotiate more competitive attorney fees and reduce other litigation costs by actively monitoring the class counsel.
• Lead Plaintiff has the benefit of being able to manage the litigation primarily by overseeing and monitoring the progress of the action and the efforts of counsel, and being able to review and comment on important filings and other documents pertaining to the prosecution of the action.
• There is no financial risk in serving as a Lead Plaintiff because Lead Counsel advances all costs and expenses incurred in the prosecution of the case and will be reimbursed only if there is a successful settlement or judgment recovery on behalf of the class.
• Lead Plaintiff has the benefit of being involved and active in all negotiations relating to any settlement.
• Lead Plaintiffs that continue owning the stock of the defendant will enjoy the long-term benefits from governance reform resulting from the litigation. 

Thus, there are numerous benefits and other advantages to serving as lead plaintiff in a class action against Eagle Pharmaceuticals​​ if you suffered significant losses in Eagle Pharmaceuticals​​ stock. 

RESPONSIBILITIES THE LEAD PLAINTIFF will HAVE IN THE EAGLE PHARMACEUTICALS CLASS ACTION LAWSUIT

​​A Lead Plaintiff owes a fiduciary duty to the class, and therefore, must act in the best interest of the class in the Eagle Pharmaceuticals class action lawsuit.  Some of the responsibilities of the Lead Plaintiff in the Eagle Pharmaceuticals class action lawsuit include:

• Selecting, monitoring, and overseeing Lead Counsel.
• Reviewing and commenting on court filings on behalf of the class.
• Discussing litigation strategies with the Lead Counsel.
• Attending depositions (if necessary) and giving a deposition.
• Attending hearings (if necessary).
• Participating in mediation and the trial (if necessary).
• Provide input on any decision concerning the settlement of the securities class action.

THE LEAD PLAINTIFFS GET MORE MONEY THAN CLASS MEMBERS IF THE EAGLE PHARMACEUTICALS CLASS ACTION LAWSUIT SETTLES

But they may be entitled to recover their reasonable expenses incurred with are directly related to representing the class in the Eagle Pharmaceuticals class action lawsuit. Under the Private Securities Litigation Reform Act of 1995, a Lead Plaintiff is only entitled to his or her pro rata share of any recovery and does not receive any additional money for serving as a representative party on behalf of the class.  However, a court, in its discretion, may approve an award of “reasonable costs and expenses (including lost wages)” to a Lead Plaintiff that directly relates to the representation of the class in the Eagle Pharmaceuticals class action lawsuit on behalf of investors who suffered losses in Eagle Pharmaceuticals​ stock. 

THE COURT APPOINT MORE THAN ONE LEAD PLAINTIFF IN THE EAGLE PHARMACEUTICALS LAWSUIT

​Yes, at its discretion the Court may appoint a person, entity, or group of persons and/or entities as Lead Plaintiffs to oversee the Eagle Pharmaceuticals​​ lawsuit​.

HOW CAN AN EAGLE PHARMACEUTICALS STOCK LOSS LAWYER HELP YOU

​​​​​An Eagle Pharmaceuticals stock loss Lawyer is well-versed in the complex laws that govern the securities industry and litigation and focuses on representing individual investors or funds who have been the victims of fraud or who have disputes with investment professionals such as the Eagle Pharmaceuticals lawsuit​. Ordinary individual investors, including civil servants, teachers, nurses, and retirees, may need a securities lawyer. In most cases, they have lost money due to mistakes, incompetence, or fraud by an investment professional.

While FINRA, the SEC, and state securities regulators serve a vital role in protecting investors, they simply have too many individuals, firms, and market transactions to monitor to discover every act of fraud or negligence. Individual investors should consult with a securities lawyer if they have lost money due to fraud or stockbroker misconduct. 

Look for a securities lawyer with experience, high ethical standards, verifiable credentials, and a trustworthy reputation among his peers and the judiciary, as well as testimonials from previous clients and awards and recognitions​​.

One name that immediately pops up is nationally known and widely respected Nashville lawyer Timothy L. Miles, who has valuable experience and has received numerous awards, mostly due to his high ethical standards, and hard work ethic, including most recently being named a Top 25 Class action lawyer by the National Trial Lawyers Association, and has maintained an AV rating from Martindale-Hubble since 2014, was named a 2023 Top Rated Litigator and 2023 Top Rated Lawyer by Martindale-Hubble and ALM, and was recently named a 2023 Elite Lawyer of the South by Martindale-Hubble for the fifth year in a row, and was a recipient of Avvo Client’s Choice Award in 2021, in 2022 was featured in the Top 100 Lawyers Magazine and received the Lifetime Achievement Award by Premier Lawyers of America (2019–2021).

​This will most likely be the only call you need to make. (855) 846–6529 or [email protected]. 

THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING MYSELF IN THE EAGLE PHARMACEUTICALS​​ LAWSUIT

​​Objecting is telling the Court you do not believe the settlement in the Eagle Pharmaceuticals​​ lawsuit, or some part of it, is fair or reasonable.  You can file an objection only if you stay in the Class and do not exclude yourself, and you may submit a Claim Form even if you object to the settlement.  On the other hand, requesting exclusion is explicitly telling the Court you do not want to be part of the Class or the Settlement in the class action against Eagle Pharmaceuticals. If you exclude yourself, you cannot object to the Settlement because you no longer have standing as you are not a class member anymore. Similarly, you cannot submit a Claim Form. If you stay in the Class and object, but your objection is overruled, you will not be allowed a second opportunity to exclude yourself.

CONTACT AN EAGLE PHARMACEUTICALS​ STOCK LOSS LAWYER TODAY IF YOU SUFFERED LOSSES IN EAGLE PHARMACEUTICALS​ STOCK ABOUT A EAGLE PHARMACEUTICALS CLASS ACTION LAWSUIT

If you suffered losses in Eagle Pharmaceuticals​​ stock, contact Eagle Pharmaceuticals​ stock loss lawyer Timothy L. Miles today for a free case evaluation about an Eagle Pharmaceuticals class action lawsuit. Call today and see what an Eagle Pharmaceuticals stock loss lawyer could do for you if you suffered losses in Eagle Pharmaceuticals​​​ ​stock.

Eagle Pharmaceuticals​ stock loss lawyer Timothy L. Miles 

Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors,  shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,​Class Action:  Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM  (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022).  Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more.  Please visit our website or call for free anytime.

CONTACT                                                      
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
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