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CLARK v. TAP PHARMACEUTICAL PRODUCTS, INC.

No. 5-02-0316.

798 N.E.2d 123 (2003)

343 Ill. App.3d 538

278 Ill.Dec. 276

Acie C. CLARK, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellee, v. TAP PHARMACEUTICAL PRODUCTS, INC., Tap Pharmaceuticals, Inc., and Abbott Laboratories, Inc., Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

October 1, 2003.

Attorney(s) appearing for the Case

Daniel E. Reidy, Lee Ann Russo, Jones, Day, Reavis & Pogue, Chicago, for TAP Pharmaceutical Products, Inc. and TAP Pharmaceuticals, Inc.

Joshua T. Buchman, McDermott, Will & Emery, Chicago, for Abbott Laboratories, Inc.

Robert M. Foote, Craig, S. Mielke, Foote, Meyers, Mielke & Flowers, LLC, Geneva; H. Barry Wesley, Barrett, Twomey, Broom, Hughes & Wesley, Carbondale; Kathleen C. Chavez, Chavez Law Firm, Geneva, for Appellee.

Presiding Justice HOPKINS delivered the opinion of the court:

The defendants, TAP Pharmaceutical Products, Inc., Tap Pharmaceuticals, Inc. (collectively referred to as TAP), and Abbott Laboratories, Inc., appeal the trial court's order certifying a nationwide class of individuals and businesses under Illinois law. On appeal, the defendants seek the decertification of the class. We affirm the trial court's decision.

FACTS

Plaintiff class representative...

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