Supposedly, Einstein said that, “insanity is doing the same thing over and over again and expecting different results.”
If that’s the case, then these marketing-based class actions seeking refunds of the purchase price (or some fraction of it) for prescription drugs are at the Einsteinian extreme. As we’ve mentioned before, class certification in these sorts
As members of the American Law Institute (“ALI”) we’ve been closely following the evolution of the Institute’s Principles project on Aggregate Litigation (“PLAL”) – read: class actions – ever since we joined. In prior posts we’ve found plenty about which we were critical. See here, here, here, and here. But for
A lot of state courts are getting the message that the federal courts received over a decade ago. Class action litigation involving prescription drugs is a no go. Richard Goetz over at O’Melveny passes along the latest – a California Superior Court denial of class certification in a consumer fraud action over Vioxx.
What led
This post discusses a Vioxx case, and Bexis’ tongue is thus tied. The following post was written by Herrmann alone:
Earlier this year, in a post cleverly titled, “Oy, Canada,” we deplored the fact that apparently no Canadian trial court had ever denied a motion to certify a class action.
We’re pleased to report that
We see all these fascinating law review articles appear in print, and we plan to read the articles and react intelligently to them.
Then life gets in the way.
Instead of actually reading the things, we pile a bunch of ’em up on our desks and then give up. Instead of publishing an intelligent blog
We can’t say much, because Herrmann’s on the road and Bexis is involved in the litigation, but a trial court in New Jersey just denied certification of an individual consumer economic loss class action, both nationwide and limited to New Jersey. The bases of the decision:
There is no predominance. “The causal nexus between the
This is not really new news.
Herrmann (and co-authors) published “The Class Action Fairness Act: An Ill-Conceived Approach to Class Settlements” a couple of years ago in the Tulane Law Review and “Making Class Actions Work: The Untapped Potential of the Internet” more recently in the University of Pittsburgh Law Review.
The new news is
This post discusses a piece of the Baycol litigation, in which Bexis’s firm is involved. Herrmann alone is thus serving as your humble scribe.
It’s altogether fitting and proper that he should do this, because the news relates to Illinois, Herrmann’s (relatively) new home state.
Chicagoans were justifiably proud on Election Night, as crowds poured
The Ninth Circuit has granted en banc review of a panel decision affirming the largest class action in history in Dukes v. Wal-Mart. While it’s mostly a labor law/discrimination case, and thus outside our sphere, one aspect of the class action is whether constitutional law permits punitive damages to be awarded on a class-wide