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WYETH, INC. v. BLUE CROSS AND BLUE SHIELD

1050926.

42 So.3d 1216 (2010)

WYETH, INC., and Wyeth Pharmaceuticals, Inc. v. BLUE CROSS AND BLUE SHIELD OF ALABAMA.

Supreme Court of Alabama.

January 15, 2010.

Attorney(s) appearing for the Case

Richard H. Gill of Copeland, Franco, Screws & Gill, P.A., Montgomery; Harvey L. Kaplan and Shana J. Long of Shook, Hardy & Bacon, L.L.P., Kansas City, Missouri; and Alfred F. Smith, Jr. , and Sela E. Stroud of Bainbridge, Mims, Rogers & Smith, LLP, Birmingham, for appellants.

Kimberly R. West.   Albert L. Jordan , and Michael J. Velezis of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, for appellee.

PER CURIAM.

Wyeth, Inc., and Wyeth Pharmaceuticals, Inc. (hereinafter referred to collectively as "Wyeth"), appeal from a class-certification order of the Jefferson Circuit Court concluding that Blue Cross and Blue Shield of Alabama ("BCBSAL") met the prerequisites for class certification under Rule 23(a) and 23(b)(3), Ala. R. Civ. P. We vacate the order and remand.

I. Facts and Procedural History

On or about July 15, 1997, Wyeth began distributing...

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