Seventh Circuit Dismisses Class Action Against Orrick Client Boiron


The U.S. Court of Appeals for the Seventh Circuit today affirmed the dismissal of a class action against long-time client Boiron Inc. and Boiron USA Inc., the latest win by an Orrick litigation team on the company’s behalf. The court sided with our central appellate arguments, dismissing a 2013 consumer class action that sought damages and injunctive relief on behalf of individuals who purchased Oscillo, Boiron’s leading homeopathic remedy.

As a result of the Seventh Circuit’s decision, all that remains of the litigation is a named plaintiff’s individual claims for damages, which are worth only the approximately $25 spent on the product. Led by partner Kelsi Brown Corkran, the court backed our argument that the class-action amounted to frivolous litigation designed to generate legal fees for the plaintiffs’ attorneys, affirming the lower court’s denial of class certification and dismissal of a claim for injunctive relief.

The Seventh Circuit’s decision is the result of Orrick’s efforts litigating these issues since 2011. In June 2016, an Orrick team secured a defense verdict for Boiron in a rare class action to go trial involving false advertising claims related to the flu remedy.

In addition to Kelsi, the Orrick team on the Seventh Circuit case included associates Greg Beaman and Ben Chagnon.