Todd D. VESS, a minor; Deborah Vess, his Guardian ad Litem, Individually, on behalf of those similarly situated, and on behalf of the General Public of the State of California, Plaintiffs-Appellants,
v.
CIBA-GEIGY CORP. USA; Novartis Pharmaceuticals Corporation; Children and Adults with Attention-Deficit/Hyperactivity Disorder (CHADD); American Psychiatric Association, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 8, 2002.
Filed January 31, 2003.
Attorney(s) appearing for the Case
Donald F. Hildre and Peggy Reali, Dougherty, Hildre, Dudek & Haklar, San Diego, CA; John P. Coale and Julia McInerny, Coale, Cooley, Lietz & McInerny, Washington, DC; Richard F. Scruggs, Sidney A. Backstrom and Robin Reid Boswell, Scruggs Legas, Pascagoula, MS; Marc C. Saperstein and Kevin Decie, Davis, Saperstein & Solomon, Teaneck, NJ; C. Andrews Waters, Waters & Kraus, Dallas, TX, for the plaintiffs-appellants.
Roxanne M. Wilson, Arter & Hadden LLP, Los Angeles, CA; James A. O'Neal, Bruce Jones, Joseph M. Price, and Bridget M. Ahmann, Faegre & Benson LLP, Minneapolis, MN, for defendants-appellees Ciba-Geigy/Novartis.
Edward D. Chapin, Chapin, Shea, McNitt & Carter, San Diego, CA; Gerald D.C. Zingone, Arent, Fox, Kintner, Plotkin & Kahn, PLLC, Washington, DC, for defendant-appellee Children and Adults With Attention Deficit/Hyperactivity Disorder.
David J. Noonan, Post Kirby Noonan & Sweat, San Diego, CA; Luther Ziegler, William L. Anderson and Laurel Pyke Malson, Crowell & Moring LLP, Washington, DC, for defendant-appellee American Psychiatric Association.
Before WARDLAW, W. FLETCHER, Circuit Judges, and WHYTE, District Judge.
United States Court of Appeals, Ninth Circuit.
OPINION
WILLIAM A. FLETCHER, Circuit Judge.
Plaintiff-Appellant Todd D. Vess brought this diversity class action claiming that three defendants acted illegally to increase sales of the prescription drug Ritalin, in violation of the California Consumers Legal Remedies Act ("CLRA"), Cal. Civ.Code § 1750 et seq., and California's unfair business practice laws, Cal. Bus. & Prof.Code §§ 17200, 17500. The district court dismissed Vess's complaint...
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