News & Analysis as of

Class Certification Medical Devices

Manatt, Phelps & Phillips, LLP

Denying Class Certification, Court Rejects Use of Affidavits

Siding with the defendant, a Massachusetts federal court judge denied certification of two classes in a putative Telephone Consumer Protection Act (TCPA) class action against a medical device manufacturer....more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

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Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

A&O Shearman

Northern District Of California Certifies Class In Securities Fraud Action Against Medical Device Manufacturer

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On May 8, 2018, Judge Claudia Wilken of the United States District Court for the Northern District of California granted class certification in an action asserting claims under Section 10(b) of the Securities Exchange Act...more

Goodwin

Northern District of Illinois Strikes TCPA Class Allegations

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Earlier this month, the Northern District of Illinois struck the class allegations in Cholly v. Uptain Group, Inc., a single-count TCPA case filed against a medical services provider and a debt collector based on allegedly...more

Bennett Jones LLP

Conflicting Defence Evidence Not Sufficient to Deny Class Certification

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The Divisonal Court’s recent decision in Dine v Biomet Inc, 2016 ONSC 4039 will be of particular interest to members of the class action bar in Ontario, as it will have implications for evidence led on certification motions....more

Bennett Jones LLP

A Change of Pace for Product Liability Class Actions: Certification Denied in Two Recent Cases

Bennett Jones LLP on

Oft-referred to as “quintessential class actions”, the majority of product liability actions that have sought certification as class proceedings in the last 10 years have been granted certification. However, two recent...more

Carlton Fields

Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury...

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A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable...more

Foley Hoag LLP

Product Liability Update - April 2013

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In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

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