Legal Opinion

Miller v. Basic Research, LLC

District Court, D. Utah

Decided September 2, 2010No. 2:07-CV-871 TSPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFFS’ MOTION TO CERTIFY THE CLASS AND DENYING DEFENDANTS’ MOTION TO STRIKE

TED STEWART, District Judge.

This matter is before the Court on Plaintiffs’ Motion to Certify the Class and Defendants’ Motion to Strike the declaration of Dr. Elaine Barrett. Plaintiffs propose class certification under Rule 23(b) for a nationwide class consisting of consumers who purchased Akavar 20/50. For the purposes of class certification, Plaintiffs allege violations of Racketeer Influenced and Corrupt Organizations Act (“RICO”), the Utah Pattern of Unlawful Activity…

2Cases cited21 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Esplin v. HirschiCourt of Appeals for the Tenth Circuit · 1968
  3. Robert A. Georgine Laverne Winbun, of the Estate of Joseph E. Winbun, Deceased, and in Her Own Right Ambrose Vogt, Jr. Joanne Vogt, His Wife Carlos Raver Dorothy M. Raver, His Wife Timothy Murphy Gay Murphy, His Wife Ty T. Annas Anna Marie Baumgartner, of the Estate of John A. Baumgartner, Deceased Nafssica Kekrides, Individually and as Administratrix of the Estate of Pavlos Kekrides, Deceased William H. Sylvester, and Personal Representative of the Estate of Fred A. Sylvester, Deceased v. Amchem Products, Inc. A.P. Green Industries, Inc. Armstrong World Industries, Inc. Certainteed Corporation C.E. Thurston & Sons, Inc. Dana Corporation Ferodo America, Inc. Flexitallic, Inc. Gaf Building Materials, Inc. I.U. North America, Inc. Maremont Corporation Asbestos Claims Management Corp National Services Industries, Inc. Nosroc Corporation Pfizer, Inc. Quigley Company, Inc. Shook & Fletcher Insulation Company T & N, Plc Union Carbide Corporation United States Gypsum Company v. Admiral Insurance Company Affiliated Fm Insurance Company Aiu Insurance Company Allianz Insurance Company Allianz Underwriters Insurance Company, Individually and as Successor to Allianz Underwriters, Inc. Allstate Insurance Company, as Successor to Northbrook Excess and Surplus Insurance Company American Bankers Insurance Company of Florida American Centennial Insurance Company American Home Assurance Company American Motorists Insurance Company American Re-Insurance Company Appalachian Insurance Company of Providence Argonaut Insurance Company Atlanta International Insurance Company Caisse Industrielle D'AssurAnce Mutuelle C.E. 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F & M Insurance Company, Ltd. La Concorde Lexington Insurance Company, Ltd. L'Union Atlantique S.A. D'AssurAnces N v. Rotterdamse Assurantiekas Per Mees & Zoonen National Continental Insurance Company as Successor to American Star Insurance Company Newfoundland American Insurance Co., Ltd. New Hampshire Insurance Company, Ltd. Phoenix Assurance Reliance Insurance Company Sirius (Uk) Insurance Company, Plc Trident General Insurance Company Great American Insurance Company American Empire Surplus Lines Insurance Company, as Authorized Agent on Behalf of Transport Indemnity Company. George Windsor Constance Windsor, Michael Windsor and Karen Windsor, in Nos. 94-1925, 94-2009. White Lung Association of New Jersey, National Asbestos Victims Legal Action Organizing Committee, the Oil, Chemical, and Atomic Workers International Union, the Skilled Trades Association, Myles O'malley, Marta Figueroa, Robert Fiore, Roh Maher, and Lynn Maher, (In Her Own Behalf and as Next Friend for Her Minor Children, Jessica Marie Maher, Jamie Marion Maher, and Jennifer Megan Maher), in Nos. 94-1927, 94-1968. Richard R. Preston, Sr. And Louis C. Anderson, in Nos. 94-1928, 94-2013. Albert and Margaret Hertler, in No. 94-1929. Richard E. Blanchard, D.D.S., Jack S. Boston, James L. Anderson, Personal Representative of Robert L. Anderson and Harrison O. McLeod in Nos. 94-1930, 94-2066. Iona Cunningham, as Representative of the Estate of Charles Cunningham, and Twila Sneed, in Nos. 94-1931, 94-2010. Aileen Cargile, Betty Francom, John Wong, John Soteriou, Harold Hans Emmerich and Thomas Corey, in Nos. 94-1932, 94-2012. William J. Golt, Sr. And Phyllis Golt, in Nos. 94-1960, 94-2011. 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  4. Mabel Penn v. San Juan Hospital, Inc.Court of Appeals for the Tenth Circuit · 1975
  5. J.B. Ex Rel. Hart v. ValdezCourt of Appeals for the Tenth Circuit · 1999

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3Cited by4 opinions

  1. Roberts v. C.R. England, Inc.District Court, D. Utah · 2017
  2. Adler v. All Hours Plumbing Drain Cleaning 24-7-365District Court, D. Utah · 2022
  3. Chen v. Target CorporationDistrict Court, D. Minnesota · 2022
  4. In re Myriad Genetics, Inc. Securities LitigationDistrict Court, D. Utah · 2021

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