Dog Owners Denied Class Cert. In ProMeris Suit

Law360, New York (July 1, 2011, 3:02 PM EDT) -- A New Jersey federal judge on Thursday refused to certify a class of pet owners accusing Wyeth Inc. and Animal Health International Inc. of falsely marketing topical flea and tick treatment ProMeris as safe and effective for dogs.

U.S. District Judge Katharine S. Hayden ruled that the plaintiffs had failed to meet the predominance requirement of Rule 23(b)(3) because proving that the accused product failed to eradicate their dogs' fleas and ticks and caused their pets to become ill was “a highly individualized inquiry unsuitable for...
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