United States Fifth Circuit

In an appeal seeking nationwide class certification of drug purchasers and their insurance companies, plaintiffs' failure to demonstrate an injury in fact, together with a failure to plead facts essential to establish causation, mean that a justiciable case or controversy is absent under Article III of the Constitution, requriing a reversal of the trial court's certification, and dismissal of the suit.

Appellate Information

• Decided 02/15/2002
• Published 02/15/2002

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH and EMILIO M. GARZA, Circuit Judges, and CUMMINGS, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael A. Lee (argued), Neal Stuart Manne, Susman Godfrey, Houston, TX, for Arkansas Carpenters Health and Welfare Fund.


• For Appellees:
  
• Arthur Sadin,Provost, Umphrey, Youngdahl & Sadin, Friendswood, TX, for Plaintiffs-Appellees., Harvey Lee Kaplan (argued), Michael Lee Koon, Shana J. Long, Shook, Hardy & Bacon, Kansas City, MO, Michael R. Klatt, Susan Elizabeth Burnett, Clark, Thomas & Winters, Austin, TX, for Defendants-Appellants.