Bayer Gets 3 False Ad Class Actions In NJ Nixed

Law360, New York (April 2, 2012, 3:42 PM EDT) -- A federal judge on Friday dismissed three proposed class actions filed in New Jersey against Bayer AG because another suit pending in California was lodged first and is based on the same false advertising claims.

U.S. District Judge Esther Salas granted Bayer's motion to dismiss the New Jersey suits, citing the Third Circuit's adoption of the “first-filed rule,” which states that “in all cases of federal concurrent jurisdiction, the court which first has possession of the subject must decide it.”

Judge Salas said Bayer proved the...
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