First Circuit Decisions

In re Nexium Antitrust Litigation – A Mixed Prescription

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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?

The effect of the Nexium decision on product defect class actions

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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…

Massachusetts Retirement Systems v. CVS Caremark: Reviving a Shareholder Suit, First Circuit Weighs In On Corrective Disclosures and Loss Causation in Securities Fraud Class Actions

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In Mass. Ret. Sys. v. CVS Caremark Corp., the First Circuit recently revived a shareholder securities fraud class action stemming from the 2006 merger of retail pharmacy chain, CVS, and pres…