In
Tyson Foods, the Supreme Court declined to resolve the
issue of whether a class may be certified if it contains members
who were not injured and have no legal right to damages. Dealing
with this increasingly common issue in class action litigation, the
First Circuit recently summarized circuit precedent on the issue
– and ultimately reversed a district court decision
certifying a class that contained class members who had not
suffered any injury.
Plaintiffs filed the suit against defendant drug manufacturers
for violations of various state consumer protection and antitrust
laws, alleging they had suppressed generic versions of a drug by
pulling it from the market months before its patent expired while
simultaneously introducing a replacement with longer patent
protection. The United States District Court for the District of
Massachusetts granted plaintiffs' motion to certify the class,
finding named plaintiffs had standing to bring claims on behalf of
class
