On July 14, 2022 WLF filed an amicus brief urging the Ninth Circuit to hear an important class-certification case. 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 explains, that holding conflicts with Rule 23’s requirement that common issues predominate over individualized questions. WLF’s brief also explains how the District Court erred by not conducting a full Rule 702 analysis of the Plaintiffs’ expert witnesses before certifying the class.  

Documents:

WLF amicus brief