Digitek MDL Plaintiffs Lose Class Certification Bid

Law360, New York (May 26, 2010, 2:20 PM EDT) -- The federal judge in multidistrict litigation over the recall of Actavis Inc. and Mylan Inc.'s heart drug Digitek has denied class certification in the MDL's six remaining class actions, saying the aggrieved consumers have too many individual issues to be treated as a class.

Even when leaving aside the choice-of-law problems posed by a nationwide class, the individual differences between the proposed class members overwhelm their similarities, Judge Joseph Goodwin of the U.S. District Court for the Southern District of West Virginia ruled Tuesday.

The order...
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