Our colleagues in the class action and product liability practice groups recently posted an article that should be of interest to our readers. The article discusses the court’s conundrum: Can it certify such a broad class even though some of the purchasers likely have no injury? When the Sixth Circuit Court of Appeals says yes and the Ohio Supreme Court says no, the question can be especially difficult for class action practitioners. The article reviews cases from those courts and recaps a recent oral argument before the United States Supreme Court regarding the viability of two “no injury” class actions.
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