Legal Opinion

Bailey v. Rite Aid Corporation

District Court, N.D. California

Decided October 25, 2019No. 4:18-cv-06926Unknown

1Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS BAILEY, CASE NO. 18-cv-06926-YGR 8 Plaintiff, ORDER DENYING MOTION TO CERTIFY THE 9 vs. QUESTION OF FEDERAL PREEMPTION TO THE COURT OF APPEALS UNDER 28 U.S.C. 10 RITE AID CORPORATION, § 1292(B) 11 Defendant. Re: Dkt. No. 61 12 13 Plaintiff Thomas Bailey brings this putative class action against defendant Rite Aid 14 Corporation (“Rite Aid”) asserting eight causes of action arising out of defendant’s sale and 15 marketing of its over-the-counter rapid release acetaminophen gelcaps. (See Dkt. No. 15 16 (“FAC”).)…

2Cases cited3 opinions

  1. In Re Cement Antitrust Litigation (Mdl No. 296). State of Arizona v. Ideal Basic Industries, State of Arizona v. United States District Court for the District of Arizona, and Kaiser Cement and Gypsum Corporation, Real Parties in Interest. State of Arizona v. Ash Grove Cement CompanyCourt of Appeals for the Ninth Circuit · 1982
  2. Degelmann v. Advanced Medical Optics, Inc.Court of Appeals for the Ninth Circuit · 2011
  3. United States v. Joseph P. Balano, Also Known as Joe PatCourt of Appeals for the Eighth Circuit · 1993

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