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ARI WEITZNER, M.D., P.C. v. CYNOSURE, INC.

No. 13-P-264.

85 Mass. App. Ct. 77 (2014)

ARI WEITZNER, M.D., P.C. v. CYNOSURE, INC.

Appeals Court of Massachusetts, Middlesex.

March 13, 2014.

Attorney(s) appearing for the Case

Todd C. Bank (Christopher J. Marino with him) for the plaintiff.

Richard M. Zielinski for the defendant.

Present: GRAHAM, SIKORA, & HANLON, JJ.

SIKORA, J.

The plaintiff, Ari Weitzner, M.D., P.C. (Weitzner), brought a class action complaint in Superior Court for injunctive relief and damages against the defendant, Cynosure, Inc. (Cynosure). A judge denied class certification and subsequently entered judgment on the merits of Weitzner's individual claims. Weitzner has appealed. He contends (1) that the judge wrongly denied certification of the proposed class of plaintiffs, and (2)

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