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Class Squashed In Beetle-Tainted Baby Formula Action

Law360, New York (January 24, 2012, 2:04 PM EST) -- A Louisiana federal judge on Monday denied class certification in a lawsuit over insect parts found in Abbott Laboratories baby formula, saying individual treatment of claims for medical harm and emotional damages was more appropriate.

In her motion for class certification, plaintiff Kathleen Brandner argued that the case should focus on Abbott's alleged misconduct, making the issue of liability an “all-or-nothing proposition” for purposes of approving a class, according to U.S. District Judge Sarah Vance’s opinion. But the judge ruled that Louisiana law would require extensive inquiry into the circumstances of each potential plaintiff, making class certification inappropriate.

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Court

Louisiana Eastern

Nature of Suit

Personal Inj. Prod. Liability

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Date Filed

September 22, 2010

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