9th Circ. Tosses $24M Verdict In Kimberly-Clark Gown Suit

Law360 (July 24, 2020, 12:46 PM EDT) -- A split Ninth Circuit panel has overturned a $24 million verdict in a class action suit accusing Kimberly-Clark Corp. and its spinoff of misrepresenting the effectiveness of their hospital gowns at stopping the spread of disease, finding that the district court was wrong to certify the class.

In a memorandum filed Thursday, the panel also held that claims against the spinoff, Halyard Health Inc., must be dismissed, as the plaintiff and class representative, Bahamas Surgery Center LLC, bought no gowns from Halyard and has no injuries traceable to Halyard's conduct.

Even if other class members have valid claims against Halyard, the...

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