On August 16, the Third Circuit gave the plaintiff a pass for failing to pursue evidence necessary to determine whether its proposed class was ascertainable and took the opportunity to clarify that affidavits may be used, at...more
8/22/2017
/ Advertising ,
Affirmative Defenses ,
Ascertainable Class ,
Automotive Loans ,
Car Dealerships ,
Class Action ,
Class Certification ,
Consumer Lenders ,
Discovery ,
TCPA ,
Unsolicited Faxes
The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit.
On September 13, a divided panel of the U.S. Court of Appeals for...more
9/16/2016
/ Antitrust Litigation ,
Appeals ,
Class Action ,
Class Certification ,
Delay Claims ,
Direct Purchasers ,
FRCP 23 ,
Generic Drugs ,
Joinder ,
Numerosity ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Predominance Requirement ,
Prescription Drugs ,
Vacated
In a split decision, the U.S. Court of Appeals for the First Circuit affirmed the certification of a class of indirect purchasers who allege that they paid inflated prices for the heartburn drug Nexium. In re Nexium Antitrust...more