( December 3, 2025, 2:06 PM EST) -- WASHINGTON, D.C. — A decision by the Ninth Circuit U.S. Court of Appeals that found no error in the certification of a national third-party payer (TPP) class of entities that paid for the diabetes drug Actos, despite the court recognizing that there is no way to calculate the number of class members that were not harmed, should be reviewed by the U.S. Supreme Court to resolve a circuit split on when a court may certify the class action pursuant to Federal Rule of Civil Procedure 23(b)(3), two drug companies argue in a petition for a writ of certiorari....