Legal Opinion

In Re American Medical Systems, Inc. Pfizer, Inc.

Court of Appeals for the Sixth Circuit

Decided February 15, 1996No. 95-3303, 95-3327PublishedCited by 751 opinions

1Opinion of the Court

SUHRHEINRICH, Circuit Judge.

Petitioners American Medical Systems (“AMS”) and Pfizer, Inc., defendants below, both seek a writ of mandamus directing the district court to vacate orders conditionally certifying a class in a products liability suit involving penile prostheses. This court has held that class certification is generally not the kind of subject matter for which mandamus relief is available on the grounds that class certification decisions are reviewable on direct appeal. 1 However, on the extraordinary facts of this ease we find that the district judge’s disregard of class action…

2Cases cited45 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  4. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  5. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978

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3Cited by751 opinions

  1. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
  2. Robert D. Sprague, Plaintiffs-Appellees/cross-Appellants v. General Motors Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  3. Messner v. Northshore University HealthSystemCourt of Appeals for the Seventh Circuit · 2012
  4. Powers v. Hamilton County Public Defender CommissionCourt of Appeals for the Sixth Circuit · 2007
  5. In Re Visa Check/mastermoney Antitrust Litigation. Wal-Mart Stores, Inc., Limited, Inc., Sears Roebuck & Company, Safeway Inc., Circuit City Stores, Inc., National Retail Federation and the Food Marketing Institute, International Mass Retail Association, and All Similarly Situated Persons v. Visa U.S.A. Inc. And Mastercard International IncorporatedCourt of Appeals for the Second Circuit · 2001

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