Why Bristol-Myers Applies To Absent Class Members: Part 1

By Brian Troyer (August 6, 2018, 2:46 PM EDT) -- While the split among courts over the application of Bristol-Myers Squibb v. Superior Court of California[1] in class actions is growing, the battle of reasoning has become one-sided.[2] This three-part article examines the reasoning of courts that have declined to apply BMS to absent class members. They have given a dizzying array of reasons for their decisions, the sheer number and inconsistency of which reflect their collective and individual weakness. I conclude that these courts have produced internally contradictory and legally problematic results....

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