On October 24, 2022, the Ninth Circuit agreed to hear an important class-certification case. The decision was a victory for WLF, which filed an amicus brief urging the court’s review. In multi-district litigation alleging fraud against JUUL, the District Court held that it was immaterial that each plaintiff had a different nicotine journey and saw different ads.  As WLF’s brief explained, that holding conflicts with Rule 23’s requirement that common issues predominate over individualized questions. WLF’s brief also explained how the District Court erred by not conducting a full Rule 702 analysis of the Plaintiffs’ expert witnesses before certifying the class.


WLF amicus brief