Davis v. American Home Products Corp.

Supreme Court of Louisiana June 27, 2003

Davis v. American Home Products Corp., 847 So. 2d 1279 (La. 2003)

2003 La. LEXIS 2172; 2003 WL 21524610

Apparent, Based, Certification, Class, Course, Decertification, Defendants, During, Erred, Grant, However, Issues, Johnson, Knoll, Made, Motion, Proceedings, Say, Trial, Victory, Writ

Opinion of the Court

*1280In re Wyeth-Ayerst Laboratories; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. K, Nos. 94-11684, 94-12699, 95-3139; to the Court of Appeal, Fourth Circuit, No(s). 2002-CA-0942, 2002-CA-0943, 2002-CA-0944.

Denied.

JOHNSON, J., recused. VICTORY, J., would grant the writ. KNOLL, J., concurs in the denial. Based on the showing made, I cannot say the trial court erred in granting certification. However, if during the course of the proceedings it becomes apparent the individual issues of causation will predominate over common issues, defendants may file a motion for decertification of the class.

Reference

Full Case Name: Terri DAVIS, Charlene Unbehagen, Rachel Flanagan and Joseph Battle, Individually and on Behalf of His Minor Daughter, Victoria Wilson and Other Consolidated Cases v. AMERICAN HOME PRODUCTS CORPORATION, A Delaware Corporation d/b/a Wyeth-Ayerst Laboratories
Status: Published