Congressional Hearing on Bankruptcy to Address Mass Tort Litigation
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
Eike v. Allergan
(7th Cir., filed October 18, 2016): Arguing that the plaintiffs’ speculative claim that they might have paid less for a medication if defendants had packaged it more efficiently does not describe a cognizable injury in fact, and therefore, they lack standing. Accepting plaintiffs’ theory would invite abusive class-action litigation. If plaintiffs’ novel standing theory were accepted, it would encourage lawyers to bring class-action suits over any business practice that could be portrayed as inefficient, based on conjecture that greater efficiency might have translated into savings for customers.
The Court ruled in favor of ATRA’s position on March 6, 2017. The Court reversed the grant of class certification and ordered the case to be dismissed for lack of standing.
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