Under the controversial theory of medical-monitoring liability, courts are asked to award damages to otherwise uninjured plaintiffs so as to provide for future medical surveillance. The Third Circuit's ruling noting the impossibility of reasonable class certification on such a theory is a landmark decision for the rule of law. Congratulations to Carl Solano (an attorney of mine in wildly unrelated litigation), who argued and got this important win. [Beck; Trask; Wajert; Courthouse News; Gates v. Rohm and Haas Co. (3d Cir. Aug. 25, 2011)]
Third Circuit rejects medical monitoring class actions
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| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
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| Laura Eyi Press Officer, Manhattan Institute leyi@manhattan-institute.org |



