November 1, 2024

Amicus Brief Filed in Drake v. Bayer Healthcare LLC

In October, Schaerr | Jaffe attorneys filed an amicus brief for the Chamber of Commerce of the United States of America in support of a Federal Rule of Civil Procedure 23(f) petition for permission to appeal the class certification decision in Drake v. Bayer Healthcare, LLC, Ninth Circuit No. 24-5956.  The brief argues that a class cannot be certified without evidence demonstrating a class-wide method of providing injury, and explains the significant deadweight economic loss from no-injury class actions. You can read the brief in full here.