Calif. Court Allows Class Pursuit In Listerine Ad Suit

Law360, New York (August 19, 2011, 3:32 PM EDT) -- A California state appeals court said Thursday that plaintiffs in a long-running dispute alleging Pfizer Inc. misled consumers about the effectiveness of its line of Listerine mouthwashes could submit a new motion for class certification, overturning a lower court's decision.

The court said its previous rulings denying certification explicitly allowed putative class representative Steve Galfano to seek a new path to certification, refuting Pfizer's argument that the trial court's August 2010 order denying reconsideration was not appealable.

“Upon the resumption of proceedings at the trial court...
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