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Third Circuit rejects medical monitoring class actions



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)]

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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.