Class Certifications Class Representative Consumer Class Actions US District Court - Mass
August 20, 2019 by Melanie Conroy
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 claims arising from the marketing of a medical device intended to reduce body fat. The decision provides a searching and instructive analysis of the […]
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Class Certifications First Circuit Decisions
February 19, 2019 / February 19, 2019 by Josh Dunlap
The Supreme Court meant what it said in China Agritech, Inc. v. Resh – that is the primary lesson from the First Circuit’s January 30th decision in In re Celexa and Lexapro Marketing and Sales Practices Litigation. As my partner, Don Frederico, explained in a blog post last year, the Supreme Court observed in China […]
Antitrust Class Actions Class Certifications First Circuit Decisions Jurisdiction
November 6, 2018 / January 12, 2023 by Don Frederico
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. As Josh points out, although the district court had referred to ascertainability in its decision certifying the class, the First Circuit opinion reversing class certification did not, and for good reason. […]
Antitrust Class Actions First Circuit Decisions US District Court - Mass
October 17, 2018 / February 26, 2019 by Josh Dunlap
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 Litigation to certify classes containing uninjured class members. Specifically, I noted a couple of developments. First, in In re Asacol Antitrust Litigation, […]
Consumer Class Actions US District Court - Mass
July 6, 2016 / May 17, 2024 by Don Frederico
Chief Judge Saris and Judge Sorokin of the District of Massachusetts recently tackled questions left unanswered by the Supreme Court’s opinion earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) (see Don Frederico’s prior post for a full discussion of Campbell-Ewald). In South Orange Chiropractic Center, LLC v. Cayan LLC, 2016 […]
