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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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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.