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
As we’ve said before, we don’t do Canadian law here. We posted once on that subject, about a year ago, and we were quick to confess our ignorance.
But we were startled by what we heard about Canadian class action law at the ACI conference in New York City last month. One speaker said
We did that silly little post on Tuesday about the Canadian medical monitoring decision, and we fully expected it to wither on the vine. (The big news Tuesday was the proposed new CBE regulation, about which we’ll have more to say momentarily.)
But a funny thing happened on the way to the CBE reg: Canada
We can’t spell Canada.
We have enough trouble with “USA.”
We don’t speak Canadian.
And we sure as heck don’t do Canadian law.
But just when the United States seems to be coming to its senses about claims for medical monitoring, Canada slipped a gasket. In Peter v. Medtronic, Inc., No. 05-CV-295910CP, slip op. (Ontario