Tuesday, January 19, 2010

GREGORY CLARK and LINDA MEASHEY individually and on behalf of others similarly situated v. PFIZER INC., and WARNER-LAMBERT COMPANY, LLC.


GREGORY CLARK and LINDA MEASHEY individually and on behalf of others similarly situated v. PFIZER INC., and WARNER-LAMBERT COMPANY, LLC.
No. 754 EDA 2009 2010 PA Super 6 Atlantic: n/a Filed: 1/19/2010

Appeal from the Order Entered February 9, 2009,
Court of Common Pleas, Philadelphia County,
Civil, at No. 01819, June Term - 2004
Before: STEVENS, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
Gregory Clark and Linda Meashey, individually and on behalf of others similarly situated (“Appellants”), appeal from the trial court’s February 9, 2009 order decertifying the class action and granting partial summary judgment in favor of Pfizer Inc. and Warner-Lambert Company, LLC (“Defendants”). We affirm the trial court’s order to the extent that it decertified the class, concluding that Appellants cannot satisfy the commonality and typicality requirements because individual issues of reliance and/or causation predominated the class’ claims. We vacate the trial court’s order insofar as it granted summary judgment against the class and/or their claims, concluding that the potential res judicata effect on the absent class members could forever bar their causes of action. Accordingly, we affirm in part and vacate in part.
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