1/5/2018 Crone Hawxhurst Secures Ninth Circuit’s Affirmation of Class Action Defeat


The Ninth Circuit on December 22, 2017 affirmed the denial of class certification in favor of the Firm’s client in a years-long proposed class action. Plaintiffs sued the Firm’s client for allegedly misrepresenting the benefits of its product. Crone Hawxhurst attorneys put together a plan to discredit Plaintiffs’ theory by showing that Plaintiffs could not prove the alleged deception was important to all class members. Ultimately, the Firm convinced the district court that Plaintiffs’ class action claims were meritless. In a set of well-reasoned opinions, the court denied Plaintiffs’ motion for class certification and their subsequent motion for reconsideration. Plaintiffs did everything in their power to obtain class certification, including filing an interlocutory appeal with the Ninth Circuit. Without hearing any oral argument, the Ninth Circuit denied Plaintiffs’ appeal. The decision is the latest in a series of victories for the Firm’s client in the case.