CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
Firm Chair Paul Cereghini commented in a Law360 article following a class certification denial involving Breg, Inc.'s cold therapy devices. In Stacey Lucas et al. v. Breg Inc. et al., plaintiffs sought a nationwide class certification alleging that Breg, Inc. provided false and misleading instructions regarding the use of its Polar Care 500 device. The court quashed the request for certification, citing several individual considerations which varied among plaintiffs resulting in a lack of common class-wide facts concerning key issues such as prescribing physician's advice and damages.
Following the order, Paul said to Law360, "We are all very pleased with the court's well-reasoned order. We are hopeful that this ruling will be a major step toward bringing this litigation to an end."
Breg, Inc. is represented by Paul Cereghini, Eden Darrell and Robert Wise of Bowman and Brooke LLP.
Read Law360's full story, "Class Cert Denied, Claims Trimmed in Cold Therapy Suit," for more information.