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When Plaintiffs Sue Over Products They Did Not Purchase

Law360, New York (September 12, 2017, 11:47 AM EDT) -- The question of whether, and under what circumstances, a plaintiff can represent a class as to products he or she did not purchase remains a vexing one for courts.

Some courts have analyzed the issue as a matter of Article III or statutory standing, while other courts view it as a typicality issue under F.R.C.P. 23. Indeed, the U.S. Supreme Court has noted that "there is tension in [its] prior cases" regarding whether differences among class members "is a matter of Article III standing at all...
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