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Calif. High Court Revives Baycol Class Action

Law360 (February 28, 2011, 11:36 PM EST) -- California’s highest court on Monday revived a class action against Bayer Corp. over Baycol — the cholesterol drug linked to muscle disease — ruling that a dismissal of class claims did not require immediate appeal if individual claims were also nixed.

A state appellate court erred when it dismissed an initial appeal of the case as untimely, the Supreme Court of California ruled.

The appellate court had based its decision on California’s Death Knell Doctrine, an exception allowing interlocutory appeals when courts dismiss class claims. Since...
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