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· 8/17/2011

In Re Aqua Dots Products Liability Litigation

Citations

  • 654 F.3d 748
  • 2011 U.S. App. LEXIS 17039
  • 2011 WL 3629723

How courts have described this case

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

  • holding that the financial injury from paying for dangerous toys can support a claim even though no physical injury happened
  • holding that, where a manufacturer sold a toy with adhesive that posed a hazard to children if ingested, the plaintiffs did not have to allege that their children were physically injured to have standing
  • finding that a financial injury—“they paid more for the toys than they would have, had they known of the risks”—was sufficient
  • acknowledging that district court erred in “departing from the text of Rule 23(b)(3)” in refusing to certify class, but nevertheless affirming district court’s ultimate decision not to certify class under Rule 23(a)(4)
  • observing that “plaintiffs’ loss [was] financial: they paid more for the toys than they would have, had they known of the [health] risks the beads posed to children”
  • acknowledging that district court erred in “departing from the text of Rule 23(b)(3)” in refusing to certify class, but nevertheless affirming district court’s ultimate decision not to certify class under Rule 23(a)(4)

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Rovner, Sykes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.