The importance of class definition was on display last week at the Sixth Circuit, in a case producing three separate opinions. In Rikos v. The Procter & Gamble Company, a divided court affirmed the certification of classes covering five states and nearly half a decade of purchasers P&G’s digestive health drug Align, and in the … Continue Reading
On Monday, the Supreme Court issued its new round of orders from its February 27 conference. Among them was the denial of a petition for certiorari in a massive antitrust class action lawsuit—“likely the largest ever certified and upheld by a federal court of Appeals”—against manufacturers of polyurethane foam. In Carpenter Co. v. Ace Foam (aka … Continue Reading
Yesterday, in an unpublished opinion, the Sixth Circuit refused Rule 23(f) certification of an antitrust class action. In re VHS of Michigan, Inc. The Sixth Circuit had previously remanded this case for the district court to revisit its class certification decision in the wake of the Supreme Court’s decision in Comcast. The district court, however, … Continue Reading
In a decision sure to reverberate among the class action bar, the Sixth Circuit recently re-affirmed the certification of a liability-only class of Ohio consumers, despite the Supreme Court’s directive that it reconsider its previous affirmation of the same class in light of the Supreme Court’s recent decision in Comcast v. Behrend,133 S. Ct. 1426 … Continue Reading
