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.