Bayer Baycol Class Action Lawsuit Revived By United States Supreme Court.
The U.S Supreme Court has revived a class action lawsuit against Bayer Corporation (“Bayer” or “Defendant”) brought on behalf of a putative class of West Virginia residents who used Baycol and challenging Bayer’s anti-cholesterol drug Baycol which had been withdrawn from the U.S. market in 2001 after reports of an alleged muscle disorder, according to a class action lawsuit news report.
The Supreme Court reportedly held in Smith v. Bayer (Supreme Court Case No. 09-1205) that the district court — which enjoined a state court from considering the plaintiff’s request to approve a class action because it had earlier denied a motion to certify a class in a related case, brought by a different plaintiff against the same defendant alleging similar claims — exceeded its authority under the”relitigation exception” to the Anti-Injunction Act since the issue presented in the state court was not identical to the one decided in the federal tribunal and the plaintiff in the state court did not have the requisite connection to the federal suit to be bound by the district court’s judgment.
If You Have Thoughts On The Bayer Baycol Class Action Lawsuit Decision, Share Your Class Action Comments Below.