Class Certifications First Circuit Decisions
January 26, 2015 / March 3, 2026 by mindgrub
As my colleague Don Frederico noted in his January 24th post, a divided First Circuit panel recently affirmed the district court’s class certification decision in In re Nexium Antitrust Litigation. In so doing, the First Circuit weighed in on a critical issue that arises in many class cases: is class certification proper where certain members of the class have not suffered injury?
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Class Certifications Consumer Class Actions First Circuit Decisions
January 26, 2015 / February 26, 2019 by mindgrub
The First Circuit’s split decision last week affirming class certification in the Nexium antitrust case is sure to receive much attention in product defect class actions. Over the last several years, a chief battleground in such actions has been the import of the fact that many of the people that bought the particular product – indeed, often an overwhelming majority of those people – had no problem at all with it after many years of use...
January 24, 2015 / January 11, 2023 by mindgrub
In a November 30, 2013 post, we wrote about the District of Massachusetts' class certification decision in the antitrust case, In re Nexium. There, the district court certified a class of c...