HUERTAS v. BAYER US LLC

No. 23-2178.

120 F.4th 1169 (2024)

Juan HUERTAS, On behalf of themselves and all others similarly situated; Eva Mistretta, On behalf of themselves and all others similarly situated; Jose Villarreal; Don Penales, Jr.; Mike Poovey; Jeremy Wyant; Christopher Cadorette; Jonathan Martin; Sean Steinwedel, Appellants, v. BAYER US LLC.

United States Court of Appeals, Third Circuit.

Filed November 7, 2024.


Attorney(s) appearing for the Case

Steven L. Bloch, Silver Golub & Teitell, 1 Landmark Square, 15th Floor, Stamford, CT 06901, Timothy J. Peter, Faruqi & Faruqi, 1617 John F. Kennedy Boulevard, Suite 1550, Philadelphia, PA 19103, Max S. Roberts [ARGUED], Bursor & Fisher, 1330 Avenue of the Americas, 32nd Floor, New York, NY 10019, Counsel for Appellants.

Andrew Soukup, Marianne E. Spencer, David M. Zionts [ARGUED], Covington & Burling, 850 10th Street NW, One City Center, Washington, DC 20001, Counsel for Appellee.

Before: KRAUSE, CHUNG, and AMBRO, Circuit Judges.


OPINION OF THE COURT

Bayer U.S. LLC ("Bayer") is a pharmaceutical company that sells a variety of healthcare products, including the antifungal Lotrimin and Tinactin spray products at issue in this litigation. Lotrimin and Tinactin are used to treat skin infections, such...

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