Digitek Defendants Seek to Block Class Cert.

By Jacqueline Bell

Law360, New York (February 22, 2010, 6:16 PM ET) -- Pharmaceutical company defendants in multidistrict product liability litigation over the recalled heart medication Digitek are asking a federal court to nix the plaintiffs' bid for class certification, saying the named plaintiffs' claims are hardly typical of all members of the proposed class.

In a brief filed with the U.S. District Court for the Southern District of West Virginia Friday, the defendants, including Actavis Inc. and Mylan Inc., argue that what began as extensive class action litigation pursuing medical monitoring and personal injury claims has since “dwindled”...
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