Frequently Asked Questions
- Why Did I Get the Postcard Notice?
- What is the Case About?
- How Do I Know if I Am Affected by The Settlement? Who is Included in the Settlement Class?
- What are Lead Plaintiffs’ Reasons for the Settlement?
- What Might Happen If There Were No Settlement?
- How are Settlement Class Members Affected by the Action and the Settlement?
- How Do I Participate in the Settlement? What Do I Need to Do?
- How Much Will My Payment be?
- What Payment are the Attorneys for the Settlement Class Seeking? How Will the Lawyers be Paid?
- What if I Do Not Want to be a Member of the Settlement Class? How Do I Exclude Myself?
- When and Where Will the Court Decide Whether to Approve the Settlement? Do I have to Come to the Hearing? May I Speak at the Hearing if I Don’t Like the Settlement?
- What if I Bought Shares on Someone Else’s Behalf?
- Can I See the Court File? Whom Should I Contact if I Have Questions?
- What if I Have a Change in Address?
- Where Can I Find Additional Information?
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Why Did I Get the Postcard Notice?
The Court directed that the Postcard Notice be mailed to you because you or someone in your family or an investment account for which you serve as a custodian may have purchased publicly traded Eagle common stock during the Settlement Class Period.
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What is the Case About?
This litigation is about allegedly false and misleading statements made by Defendants concerning Eagle’s sales of its drug Pemfexy in the second quarter of 2022, and about the effectiveness of Eagle’s internal controls over financial reporting.
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How Do I Know if I Am Affected by The Settlement? Who is Included in the Settlement Class?
The Settlement Class consists of:
all persons and entities who purchased the publicly traded common stock of Eagle Pharmaceuticals, Inc. between August 9, 2022 and October 1, 2024, both dates inclusive, and who were damaged thereby.
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What are Lead Plaintiffs’ Reasons for the Settlement?
Plaintiffs and Lead Counsel believe that the claims asserted against the Defendants have merit. They recognize, however, many offsetting factors such as the expense and length of the continued proceedings necessary to pursue their claims against the Defendants through trial and appeals, as well as the very substantial risks they would face in establishing liability and damages. Defendants deny all allegations.
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What Might Happen If There Were No Settlement?
If there were no Settlement and Plaintiffs failed to establish any essential legal or factual element of their claims against Defendants, neither Plaintiffs nor the other members of the Settlement Class would recover anything from Defendants. Also, if Defendants were successful in proving any of their defenses, either at summary judgment, at trial, or on appeal, the Settlement Class could recover substantially less than the amount provided in the Settlement, or nothing at all.
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How are Settlement Class Members Affected by the Action and the Settlement?
As a Settlement Class Member, you are represented by Plaintiffs and Lead Counsel, unless you enter an appearance through counsel of your own choice at your own expense. You are not required to retain your own counsel, but if you choose to do so, such counsel must file a notice of appearance on your behalf and must serve copies of his or her appearance on the attorneys listed in FAQ 11.
If you are a Settlement Class Member and do not wish to remain a Settlement Class Member, you may exclude yourself from the Settlement Class by following the instructions in FAQ 10.
If you are a Settlement Class Member and you wish to object to the Settlement, the Plan of Allocation, or Lead Counsel’s application for attorneys’ fees and reimbursement of Litigation Expenses, and if you do not exclude yourself from the Settlement Class, you may present your objections by following the instructions in FAQ 11.
If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you will be bound by any orders issued by the Court. If the Settlement is approved, the Court will enter a judgment (the “Judgment”). The Judgment will dismiss with prejudice the claims against Defendants and will provide that, upon the Effective Date of the Settlement, Plaintiffs and all the other members of the Settlement Class, on behalf of themselves, and on behalf of any other person or entity legally entitled to bring Released Plaintiffs’ Claims (as defined in ¶ 43 of the Notice) on behalf of the respective Settlement Class Member in such capacity only, shall be deemed to have, and by operation of law and of the judgment shall have, fully, finally and forever released each and every Released Plaintiffs’ Claim against the Defendants and the other Released Defendants’ Parties (as defined in ¶ 44 of the Notice), and shall forever be barred and enjoined from prosecuting any or all of the Released Plaintiffs’ Claims against any of the Released Defendants’ Parties.
Refer to the Notice for more information.
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How Do I Participate in the Settlement? What Do I Need to Do?
To be eligible for a payment from the proceeds of the Settlement, you must be a member of the Settlement Class and you must timely complete and return the Claim Form to the Claims Administrator by first‑class mail to the settlement address or email at info@EaglePharmaSecuritiesSettlement.com OR SUBMITTED ONLINE at www.EaglePharmaSecuritiesSettlement.com. The completed Claim Form must include adequate supporting documentation and must be postmarked or received no later than October 16, 2026.
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How Much Will My Payment be?
At this time, it is not possible to make any determination as to how much any individual Settlement Class Member may receive from the Settlement.
Pursuant to the Settlement, Defendants have agreed to pay or caused to be paid nine million and five‑hundred thousand dollars ($9,500,000) in cash. The Settlement Amount will be deposited into an escrow account. The Settlement Amount plus any interest earned thereon is referred to as the “Settlement Fund.” If the Settlement is approved by the Court and the Effective Date occurs, the “Net Settlement Fund” (that is, the Settlement Fund less (a) all federal, state and/or local taxes on any income earned by the Settlement Fund and the reasonable costs incurred in connection with determining the amount of and paying taxes owed by the Settlement Fund (including reasonable expenses of tax attorneys and accountants); (b) the costs and expenses incurred in connection with providing notice to Settlement Class Members and administering the Settlement on behalf of Settlement Class Members; and (c) any attorneys’ fees and Litigation Expenses awarded by the Court) will be distributed to Settlement Class Members who submit valid Claim Forms, in accordance with the proposed Plan of Allocation or such other plan of allocation as the Court may approve.
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What Payment are the Attorneys for the Settlement Class Seeking? How Will the Lawyers be Paid?
Plaintiffs’ Counsel have not received any payment for their services in pursuing claims against the Defendants on behalf of the Settlement Class, nor have Plaintiffs’ Counsel been reimbursed for their out‑of‑pocket expenses. Before final approval of the Settlement, Lead Counsel will apply, on behalf of all Plaintiffs’ Counsel, to the Court for an award of attorneys’ fees in an amount not to exceed 33⅓% of the Settlement Fund. At the same time, Lead Counsel also intends to apply, on behalf of all Plaintiffs’ Counsel, for reimbursement of Litigation Expenses in an amount not to exceed $185,000.
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What if I Do Not Want to be a Member of the Settlement Class? How Do I Exclude Myself?
Each Settlement Class Member will be bound by all determinations and judgments in this lawsuit, whether favorable or unfavorable, unless such person or entity mails or delivers a written Request for Exclusion from the Settlement Class, addressed to the Claims Administrator at Eagle Pharmaceuticals Securities Litigation, EXCLUSIONS, c/o Epiq, P.O. Box 4790, Portland, OR, 97208‑4790. The exclusion request must be received by, or postmarked no later than, July 29, 2026. You will not be able to exclude yourself from the Settlement Class after that date. Each Request for Exclusion must: (a) state the name, address, and telephone number of the person or entity requesting exclusion, and in the case of entities, the name and telephone number of the appropriate contact person; (b) state that such person or entity “requests exclusion from the Settlement Class in Miller v. Eagle Pharmaceuticals, Inc., Case No. 2:23‑CV‑23011‑MAH”; (c) state the number of shares of publicly traded Eagle common stock that the person or entity requesting exclusion purchased and sold during the Settlement Class Period, as well as the dates and prices of each such purchase and sale; and (d) be signed by the person or entity requesting exclusion or an authorized representative. A Request for Exclusion shall not be valid and effective unless it provides all the information called for in this paragraph and is submitted within the time stated above, or is otherwise accepted by the Court.
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When and Where Will the Court Decide Whether to Approve the Settlement? Do I have to Come to the Hearing? May I Speak at the Hearing if I Don’t Like the Settlement?
The Settlement Hearing will be held on August 19, 2026 at 2:00 p.m., before the Honorable Michael A. Hammer in Courtroom MLK 2C of the Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07102. The Court reserves the right to approve the Settlement, the Plan of Allocation, Lead Counsel’s motion for an award of attorneys’ fees and reimbursement of Litigation Expenses, and/or any other matter related to the Settlement at or after the Settlement Hearing without further notice to the members of the Settlement Class. The Court reserves the right to hold the Settlement Hearing telephonically or by other virtual means, in which event the Claims Administrator will update its website regarding the Settlement Hearing’s telephonic or virtual format.
Any Settlement Class Member who or which does not request exclusion may object to the Settlement, the proposed Plan of Allocation or Lead Counsel’s motion for an award of attorneys’ fees and reimbursement of Litigation Expenses. Objections must be in writing. You must file any written objection, together with copies of all other papers and briefs supporting the objection, with the Clerk’s Office at the United States District Court for the District of New Jersey at the address set forth below on or before July 29, 2026. You must also serve the papers on Lead Counsel and on Defendants’ Counsel at the addresses set forth below so that the papers are received by, or postmarked no later than, July 29, 2026.
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What if I Bought Shares on Someone Else’s Behalf?
If you purchased the publicly traded common stock of Eagle Pharmaceuticals, Inc., during the period between August 9, 2022 and October 1, 2024, both dates inclusive, for the beneficial interest of persons or entities other than yourself, within seven (7) calendar days of receipt of the Claims Administrator’s notice of the Settlement you must either: (a) request from the Claims Administrator sufficient copies of the Postcard Notice to forward to all such beneficial owners and within seven (7) calendar days of receipt of those Postcard Notices forward them to all such beneficial owners; (b) request from the Claims Administrator a link to the Notice and Claim Form and, within seven (7) calendar days of receipt of the link, email the link to all such beneficial owners for whom valid email addresses are available; or (c) provide a list of the names, mailing addresses and email addresses (to the extent available) of all such beneficial owners to the Claims Administrator at Eagle Pharmaceuticals Securities Litigation, c/o Epiq, P.O. Box 4790, Portland, OR 97208‑4790, in which event the Claims Administrator shall promptly mail the Postcard Notice, or email a link to the Notice and Claim Form, to such beneficial owners. Nominees that choose to follow procedures (a) or (b) shall also send a statement to the Claims Administrator confirming that the mailing or emailing was made as directed.
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Can I See the Court File? Whom Should I Contact if I Have Questions?
The Notice contains only a summary of the terms of the proposed Settlement. For more detailed information about the matters involved in this Action, you are referred to the papers on file in the Action, including the Stipulation, which may be inspected during regular office hours at the Office of the Clerk, United States District Court for the District of New Jersey, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101. Additionally, copies of the Stipulation and any related orders entered by the Court will be posted on the website maintained by the Claims Administrator, www.EaglePharmaSecuritiesSettlement.com.
All inquiries concerning this Notice and the Claim Form should be directed to the Claims Administrator or Lead Counsel at:
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What if I Have a Change in Address?
To assist the Court and the parties in maintaining accurate lists of Settlement Class Members, you are requested to mail notice of any changes in your address to the following address:
Eagle Pharmaceuticals Securities Litigation
Claims Administrator
P.O. Box 4790
Portland, OR 97208-4790If the Postcard was forwarded to you by the postal service, or if it was otherwise sent to you at an address that is not current, you should immediately contact the Claims Administrator, Epiq Class Action & Claims Solutions, Inc., at the address above or at 1- 877-313-8718 (Toll-Free) and provide them with your correct address. If the Claims Administrator does not have your correct address, you may not receive notice of important developments in this Action.
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Where Can I Find Additional Information?
This website gives only a summary of the lawsuit and the claims asserted by Lead Plaintiff. For more detailed information regarding the Action, you may review the court documents on the Documents page of this website.
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