Legal Opinion

Rule v. Fort Dodge Animal Health, Inc.

Court of Appeals for the First Circuit

Decided June 2, 2010No. 09-1364PublishedCited by 51 opinions

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…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008
  3. Banco Santander De Puerto Rico v. Lopez-StubbeCourt of Appeals for the First Circuit · 2003
  4. Lloyd v. General Motors Corp.Court of Appeals of Maryland · 2007
  5. Aspinall v. Philip Morris Companies, Inc.Massachusetts Supreme Judicial Court · 2004

10 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Young v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
  2. Katz v. Pershing, LLCCourt of Appeals for the First Circuit · 2012
  3. Shaulis v. Nordstrom, Inc.Court of Appeals for the First Circuit · 2017
  4. Mulder v. Kohl's Department Stores, Inc.Court of Appeals for the First Circuit · 2017
  5. Méndez Internet Management Services, Inc. v. Banco Santander De PuertoCourt of Appeals for the First Circuit · 2010

46 more not listed; retrieve them via the Exa API.

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