Franklin v. K-Mart Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the defendant’s “by-pass and offsetting benefits arguments relate to the quantum of damages; not the fact of injury”
• holding that an assignee-class representative was adequate where it obtained an assignment from its wholesaler and a direct purchaser of the drug at issue in order to sue a drug manufacturer for its allegedly unlawful delay of a generic version into the market
• holding that an assignee-class representative was adequate where it obtained an assignment from its wholesaler and a direct purchaser of the drug at issue in order to sue a drug manufacturer for its allegedly unlawful delay of a generic version into the market
• stating that the certification stage of litigation is not the proper forum in which to resolve a factual dispute between experts
• noting that the court may alter or amend its judgment pursuant to Rule 23(c)(1) or may bifurcate the liability and damages phase of the litigation, as appropriate
• finding that class action is superior because it ensures fair and efficient adjudication

Source: CourtListener parenthetical corpus (CC0).