First Circuit Nexium Case Impacts Venue Decisions Regarding Class Action Certification

The case:  In re Nexium Antitrust Litigation
On January 21, 2015, a divided panel of the First Circuit held that the inclusion of a de minimis number of uninjured persons in a putative class did not preclude class certification.  Although the court acknowledged that the district court, at a later stage of the proceedings, would have to find a way to separate the injured from the uninjured, certain aspects of its decision may lower the burden for class certification in some cases.

The Impact
Companies sued in putative class actions in state courts within the First Circuit (Massachusetts, Maine, New Hampshire, and Rhode Island), and who are considering whether to remove their cases to federal court, should weigh the impact of the Nexium decision in assessing the benefits of removal.

For more information about the Nexium decision, please visit our class action blog.