Monday, November 21, 2011

"Kill the class action; kill the tort"

From the good people at Drug & Device Law comes word of a federal district court opinion finding that each "plaintiff's individual medical condition/history is relevant" to a medical monitoring claim under Pennsylvania law. As D&D points out, this holding creates an individual issue, which should defeat class certification of a medical monitoring claim.

- SBS

http://lawprofessors.typepad.com/tortsprof/2011/11/kill-the-class-action-kill-the-tort.html

MDLs and Class Actions | Permalink

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