Rule v. Fort Dodge Animal Health, Inc.
Court of Appeals for the First Circuit
1Opinion of the Court
BOUDIN, Circuit Judge.
This appeal presents an issue of Massachusetts law on which state-court precedent is still evolving. The suit at issue was dismissed on the complaint so we take the allegations as true. In re Colonial Mortgage Bankers Corp., 324 F.3d 12, 15 (1st Cir.2003). Although harm to the named plaintiff is arguably non-existent — this depends on legal definition — the complaint is framed as a class action and alleges potential total liability of over $5 million.
In 2002 and 2003, Jessica Rule, a Massachusetts resident, purchased two doses of ProHeart 6, a medicine for preventing…
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