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MDL Panel Won't Consolidate Infested Formula Actions

Law360 (February 4, 2011, 4:59 PM EST) -- The U.S. Judicial Panel on Multidistrict Litigation on Friday refused to consolidate five class actions over Abbott Laboratories Inc.'s recall of beetle-infested Similac baby formula

The panel found in the U.S. District Court for the Northern District of Illinois that individual facts — such as the particular product bought, the unique injuries suffered, whether the product contained beetles or beetle larvae and what advertising the plaintiffs had seen — would dominate in the litigation over any common issues.

"We consider voluntary coordination among the parties and...
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