Legal Opinion

In re Rezulin Products Liability Litigation

District Court, S.D. New York

Decided September 28, 2004No. MDL No. 1348; No. 00 Civ. 2843(LAK)PublishedCited by 42 opinions

1Opinion of the Court

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiffs originally sought certification of two classes: a nationwide class under Fed.R.Civ.P. 23(b)(3) of all persons who ingested Rezulin and their spouses and a subclass under Fed.R.Civ.P. 23(b)(2) of asymptomatic Rezulin users who have not manifested physical injury and on behalf of which they sought medical monitoring. The Court denied certification in a prior opinion, familiarity with which is assumed (“Rezulin I”).1 The critical points, however, may be summarized briefly.

First, the Court denied certification of the proposed (b)(3) class on the…

2Cases cited14 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
  3. American Alliance Insurance Co., Ltd. v. Eagle Insurance CompanyCourt of Appeals for the Second Circuit · 1996
  4. Carolco Pictures Inc. v. SirotaDistrict Court, S.D. New York · 1988
  5. United States v. Nicholas UccioCourt of Appeals for the Second Circuit · 1991

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3Cited by42 opinions

  1. United States v. NacchioCourt of Appeals for the Tenth Circuit · 2009
  2. Rockland Exposition, Inc. v. Alliance of Automotive Service ProvidersDistrict Court, S.D. New York · 2012
  3. In Re Rezulin Products Liability LitigationDistrict Court, S.D. New York · 2005
  4. Advanced Analytics, Inc. v. Citigroup Global Markets, Inc.District Court, S.D. New York · 2014
  5. International Equity Investments, Inc. v. Opportunity Equity Partners Ltd.District Court, S.D. New York · 2006

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

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