Eagle Pharmaceuticals Securities Litigation

This proposed securities settlement concerns alleged misleading statements about Eagle Pharmaceuticals’ Pemfexy sales and financial-reporting controls. Eligible investors who submit a valid documented claim may share in the settlement’s net proceeds under the Court-approved allocation plan. The Court preliminarily approved the proposed settlement, but still must decide whether to grant final approval.

Eagle Pharmaceuticals Securities Litigation
deadline October 16, 2026
with proof Pro rata payment based on recognized loss
status Proposed settlement preliminarily approved by the Court.
Note: This is an informational summary only. Official terms, full details, and claim forms are on the administrator site and court documents.

Benefit Summary

Eligible class members: available benefits include Pro rata payment based on recognized loss.

Payments come from the $9,500,000 settlement fund and may change after approved deductions.

Available Awards

Pro rata payment based on recognized loss

Who Is Included

The Settlement Class includes people and entities that purchased publicly traded Eagle Pharmaceuticals, Inc. common stock from August 9, 2022 through October 1, 2024, inclusive, and were damaged. The notice lists exclusions, including people and entities with no compensable losses, Defendants and specified related persons and entities, Defendants’ liability insurers, and people or entities whose exclusion requests are accepted.

  • Products included: Publicly traded Eagle Pharmaceuticals, Inc. common stock
  • Purchase window: August 9, 2022 through October 1, 2024, inclusive
  • Proof required: The Claim Form must include adequate supporting documentation. The notice says to retain records of ownership and transactions in Eagle common stock because they may be needed to document the claim.

Claim and Payment Information

  • Claim method: Online submission or first-class mail.
  • Claim deadline: 2026-10-16
  • Instructions: Submit a complete Claim Form online or by first-class mail, with adequate supporting documentation.

Questions & Answers

What documents do I need to support my claim?

The notice requires documents for a payment claim. A signature, declaration, or notice alone is not enough. The Claim Form is the place to check the exact documentation requested for your transactions.

  • You must submit a Claim Form by the deadline and include adequate supporting documents.
  • Keep records showing your Eagle common-stock ownership and transactions. The notice does not list every acceptable document in its text; it says the Claim Form sets out the required supporting documentation.
  • A claim that is late or invalid will not receive a payment.

Why might a class-period purchase not result in a payment?

Buying stock during the class period does not by itself establish a payment amount. The Plan of Allocation uses transaction details and several limits to calculate each claim.

  • A recognized loss is calculated for each eligible purchase using the notice’s formula, including the purchase date, sale date or continued holding, purchase and sale prices, and the stated artificial-inflation amounts.
  • Shares bought during the class period generally must have been held through at least one listed corrective-disclosure date to have a recognized loss. A purchase sold before May 9, 2023 has a recognized loss of zero under the plan.
  • Your actual payment, if any, is a proportional share of the Net Settlement Fund compared with other approved claims. A calculated distribution below $10 will not be paid.

How are options and other nonstandard ways of acquiring shares treated?

The notice treats some ways of acquiring Eagle common stock differently. These rules can affect whether particular shares are included in a claim.

  • Option contracts themselves are not eligible for this settlement.
  • Common stock obtained by exercising a publicly traded option can be considered. For that stock, the exercise date is treated as the purchase or sale date, and the option’s strike price is treated as the stock price.
  • Common stock received through the exercise, conversion, or exchange of non-publicly traded Eagle securities is not eligible. Stock received in exchange for another company’s securities is also not eligible.

What if my Eagle shares were held in an ERISA retirement or benefit plan?

ERISA is a federal law that covers certain employee-benefit plans. The notice gives separate instructions for shares held through those plans.

  • Do not include Eagle common-stock transactions held through an ERISA-covered plan in your own Claim Form.
  • The notice says that claims for shares purchased by an ERISA plan may be made by the plan’s trustees.
  • You may include only Eagle shares that you personally bought or acquired outside the ERISA plan.

What is the difference between excluding myself and doing nothing?

Excluding yourself means leaving the settlement. It is different from simply not filing a claim.

  • If you remain in the Settlement Class and the settlement is approved, you will be bound by the Court’s orders and give up the released claims described in the notice against the defendants and related released parties.
  • If you validly exclude yourself, you cannot receive money from this settlement. Exclusion is the option that preserves the ability to pursue a separate lawsuit concerning the released claims.
  • Doing nothing does not preserve a payment claim: you remain in the class but will not be eligible for a payment without a valid Claim Form.

When could payments be sent, and could there be another distribution later?

The hearing date is not a payment date. The notice makes payment timing depend on later approval, appeal, and claim-processing steps.

  • The first distribution is made only after the Court has approved the settlement and allocation plan, the period for rehearing, appeals, or review has ended, and claims processing is complete.
  • The notice does not provide a calendar date for the first payments.
  • If money remains nine months after the initial distribution, the administrator may make another distribution when doing so is cost-effective. Only people who cashed their first checks and would receive at least $10 may receive a redistribution.

Other Important Dates

  • Exclusion deadline: 2026-07-29
  • Objection deadline: 2026-07-29
  • Final approval hearing: August 19, 2026, at 2:00 p.m.
  • Hearing location: Courtroom MLK 2C of the Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101

Case Details

  • Total settlement fund: $9,500,000
  • Case name: Miller v. Eagle Pharmaceuticals, Inc.
  • Case number: 2:23-CV-23011-MAH
  • Court: United States District Court for the District of New Jersey
  • Administrator: Epiq
  • Official Settlement Website: https://www.EaglePharmaSecuritiesSettlement.com

Sources

Official Settlement Website
Claim form, FAQ, deadlines, administrator information
Visit Site →
Official Settlement Notice (PDF)
Court-approved notice describing eligibility and benefits
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Official Notice

Read the notice PDF or the text version below.

Official Notice PDF
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Information last updated on 2026-09-17