On October 14, 2022, WLF joined the NAM and PhRMA in urging the Ninth Circuit to review, and ultimately to overturn, class certification orders that contravene settled law. In its amicus brief urging Rule 23(f) review, WLF argues that the district court’s clearly erroneous class certification orders improperly inflated the size and scope of the litigation. A named plaintiff alleging injury in a single state under that state’s laws lacks standing to sue on behalf of class members from thirty other states suing under those states’ laws. Yet the district court certified classes asserting claims in 31 states. What’s more, settled law makes clear that courts are not to certify classes based on the sales of products by the defendant’s arms-length competitors. Here, many class members who never bought products from the defendants should have been excluded from the class. Had those purchasers been excluded, the claims would not have been numerous enough to warrant class treatment. The brief was drafted by Philip Goldberg and Andrew Trask of Shook, Hardy & Bacon LLP.


Amicus brief