Legal Opinion
Asher v. Abbott Laboratories
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 2002PublishedCited by 18 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Helen Freedman, J.), entered October 12, 2000, which, in an action under General Business Law § 340 (the Donnelly Act), insofar as appealed from, denied plaintiffs’ motion for class certification, unanimously affirmed, without costs.
Private persons cannot bring a class action under the Donnelly Act because the treble damages remedy provided in General Business Law § 340 (5) is a “penalty” within the meaning of CPLR 901 (b), the recovery of which in a class action is not specifically authorized and the imposition of which cannot be waived (Rubin v Nine W.…
2Cases cited2 opinions
- Cox v. Microsoft Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Russo & Dubin v. Allied Maintenance Corp.New York Supreme Court · 1978
3Cited by18 opinions
- Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.Supreme Court of the United States · 2010
- In re Relafen Antitrust LitigationDistrict Court, D. Massachusetts · 2004
- Borden v. 400 East 55th Street Associates, L.P.New York Court of Appeals · 2014
- In Re Packaged Ice Antitrust LitigationDistrict Court, E.D. Michigan · 2011
- Leider v. RalfeDistrict Court, S.D. New York · 2005
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