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Ranbaxy Revisited: Rejecting the Performance-based Approach to No-injury Class Actions?

August 2019 - DRI's For The Defense
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One of the basic principles of federal law is that under Article III, one must suffer an injury to have standing to sue. Therefore, when consumers purchase a drug, it performs as intended, and then they turn around and bring a class action against the manufacturer, “something is rotten in the state of [New Jersey].” W. Shakespeare, Hamlet, Prince of Denmark, act 1, scene 4, line 90. Yet “no-injury” class actions are increasingly common, and members of the plaintiffs’ bar prepare to file class action lawsuits the moment that a recall of a prescription drug is announced.

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