Earlier this month, the Supreme Court declined to hear an appeal from the Ninth Circuit’s decision in Lytle v. Nutramax Laboratories Inc. affirming the certification of a class of owners of elderly dogs, alleging that the Cosequin supplement sold for canine joint health and mobility has no such benefit. That decision threatens to turn the circuit split over the standard for expert opinion at class certification into a major rift by permitting plaintiffs in the Ninth Circuit to rely on an expert model for which the expert “has not collected all of the necessary data to perform his ...
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