Sanofi Units Can’t Get Junk Fax Class Action Thrown Out

Law360, New York (May 17, 2012, 8:11 PM EDT) -- A Pennsylvania federal judge on Monday refused to dismiss a putative class action accusing two units of pharmaceutical giant Sanofi SA of sending unsolicited fax advertisements, saying a parallel state court case was not similar enough to warrant dismissal.

U.S. District Judge Richard Caputo ruled that a pending parallel state court action brought by the same plaintiff, physician Ari Weitzner, was dissimilar enough to avoid the exercise of the Colorado River abstention doctrine, which seeks to avoid duplication of litigation.

Weitzner was denied class certification in...
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