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IN RE BAYER HEALTHCARE AND MERIAL LTD. FLEA CONTROL

No. 13-3514.

752 F.3d 1065 (2014)

In re BAYER HEALTHCARE AND MERIAL LIMITED FLEA CONTROL PRODUCTS MARKETING AND SALES PRACTICES LITIGATION. Kevin Simms; Alan Resnick; Nashville Farrell; John Gregg; Mark Bloom; Pamela J. Carthen; Gary Richardson; Crystal Boykin; Margarita Balloveras; Salvadore Christina, Jr.; Beth Pollard, Plaintiffs-Appellants, v. Bayer Healthcare LLC; Merial Limited; Merial LLC; Merial Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 29, 2014.

Attorney(s) appearing for the Case

ARGUED: Paul M. De Marco , Markovits, Stock & Demarco, LLC, Cincinnati, Ohio, for Appellants. Gregory A. Castanias , Jones Day, Washington, D.C., for Appellees. ON BRIEF: Paul M. De Marco , Markovits, Stock & Demarco, LLC, Cincinnati, Ohio, John R. Climaco , Scott D. Simpkins , Margaret M. Metzinger , Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA, Cleveland, Ohio, for Appellants. Gregory A. Castanias , Jones Day, Washington, D.C., Judy Jarecki-Black, Ph.D. , Merial Limited, Duluth, Georgia, John K. Sherk , Holly P. Smith , Molly S. Carella , Shook, Hardy & Bacon L.L.P., Kansas City, Missouri, Richard J. Bedell, Jr. , Lisa B. Gates , Jones Day, Cleveland, Ohio, J. Patrick Elsevier, Ph.D. , Jones Day, San Diego, California, Chad A. Readler , Jones Day, Columbus, Ohio, for Appellees.

Before: SUTTON, McKEAGUE, and WHITE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

This case involves multidistrict litigation focused on whether defendants Bayer and Merial falsely advertised their flea-and-tick products for pets. In an effort to streamline the case, the district court framed the case as turning on a single issue, and crafted a case management plan in which Bayer and Merial would bear the initial burden of producing studies to substantiate their advertising claims. After

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