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Cyrus Dugger

CL&P Blog: Vioxx MDL: Nationwide Class Certification Denied

A discussion of the recent Vioxx class action certification denial on the Consumer Law and Policy Blog by our own guest contributor Brian Wolfman.

By Brian Wolfman

Judge Eldon Fallon of the U.S. District Court in New Orleans, who is presiding over the Multidistrict Litigation of thousands of Vioxx injury cases, has denied the plaintiffs' request for nationwide class certification. The plaintiffs argued for nationwide certification on the ground that the substantive law of New Jersey, where the defendant is located, should be applied to all plaintiffs' claims no matter where the plaintiffs lived or ingested Vioxx. Judge Fallon rejected that argument, holding that the plaintiffs' home states (that is, all 50 states) had a greater interest in the litigation than did New Jersey alone. (Some consumer class actions have been certified nationally on the theory that the law of the defendant's home state applied to the claims of all plaintiffs.) (keep reading)

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Posted at 1:00 PM, Nov 27, 2006 in
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