3rd Circ. False Ad Ruling No Class Action Killer, Bayer Says
Law360, New York (January 2, 2014, 6:38 PM EST) -- Bayer Corp. urged the Third Circuit on Monday not to reconsider its decision to reverse class certification in a false advertising action over vitamins, arguing the ruling was not the class action doomsday scenario envisioned by the plaintiff seeking a rehearing.
A three-judge panel ruled in August that a New Jersey federal judge should not have certified a class of Florida consumers who claim Bayer falsely advertised the metabolism-boosting benefits of its One-A-Day WeightSmart vitamin. Without sales receipts or other sales records, it was too difficult to ascertain whether a consumer actually belongs to the class, the appeals court said....
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!