Howland v. Purdue Pharma, L.P.
- Case Date: 9/4/2003
- Project Name: Class Action Reform
On December 15, 2004, the Ohio Supreme Court overturned a lower court's decision to certify as a state-wide class action a product liability suit brought by three individuals who claim they were injured due to their use of the defendant's pain-relief medication. The decision was a victory for WLF, which filed a brief urging that the class be decertified. WLF argued that personal injury product liability suits are virtually never appropriate for class action treatment because the claims of each class members are unique -- for example, each plaintiff must separately establish such elements of his/her tort claim as inadequacy of warning, reliance, causation, and damages. The court agreed with WLF that when, as here, individual issues of fact and law predominate over common issues, class action treatment is rarely appropriate, and that the trial court had given inadequate consideration to the "predominance" issue when it certified the class.
More Information and Downloads:
2/23/2004: Download the Brief
8/27/2003: Download the Brief