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Pharmaceutical Industry › Ascertainable Class

Bilzin Sumberg

Class Action Ascertainability in the Eleventh Circuit: What Makes the Cut?

Bilzin Sumberg on

On March 19, 2020, Magistrate Judge Goodman recommended certifying a Florida class of purchasers of Prevagen, a memory-enhancement product developed by Quincy Bioscience, LLC....more

Pierce Atwood LLP

In re Asacol Antitrust Litigation: Article III Standing In Multi-State Class Actions

Pierce Atwood LLP on

In his October 17th post, Josh Dunlap describes in detail the First Circuit’s landmark ruling in In re Asacol Antitrust Litigation concerning classes that include uninjured members. ...more

Pierce Atwood LLP

In re Asacol Antitrust Litigation – An Antidote To In re Nexium And “Ascertainability-By-Affidavit”

Pierce Atwood LLP on

When last I wrote about ascertainability, I noted that a debate over the propriety of “ascertainability-by-affidavit” continued to percolate within the First Circuit even as lower courts relied on In re Nexium Antitrust...more

Pierce Atwood LLP

Ascertainability & In Re Nexium – The Side-Effects Continue

Pierce Atwood LLP on

As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

Carlton Fields

All About That Base: Claim Against Fat Loss Supplement Maker Fails For Lack of Ascertainability

Carlton Fields on

Adam Karhu bought a dietary supplement called VPX Meltdown Fat Incinerator (“Meltdown”) in reliance on advertising by Vital Pharmaceuticals, Inc. (“VPX”) that Meltdown would result in fat loss. Concerned that Meltdown did not...more

Carlton Fields

Food for Thought: Mirabella v. Vital Pharmaceuticals, Inc.

Carlton Fields on

In Mirabella v. Vital Pharmaceuticals, Inc., consumers sued the manufacturer of Redline Xtreme Energy Drink, alleging that the manufacturer concealed the dangerous side effects of the energy drink. Plaintiffs requested relief...more

Sheppard Mullin Richter & Hampton LLP

Ascertainability Saps Plaintiffs’ Energy in Dietary Supplement Class Action

Sheppard Mullin Richter & Hampton LLP on

In the recent decision Mirabella v. Vital Pharmaceuticals, Inc., Case No. 12-62086-CIV-ZLOCH (S.D. Fl. Feb. 27, 2015) the plaintiffs attempted, but failed, to certify a nationwide class of all purchasers of an energy drink...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2014

Skadden, Arps, Slate, Meagher & Flom LLP on

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

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