Brody v. Merck & Co, Inc

Case # 12-cv-04774
Case Name Brody v. Merck & Co, Inc
Jurisdiction US District Court for NJ
Summary

Plaintiffs allege that Defendants marketed Coppertone-branded sunscreen as protecting against both UVA and UVB radiation. They did so despite knowing that their product did not provide adequate protection against UVB rays. These misleading claims lead consumers to purchase Coppertone products as opposed to other products that did over more comprehensive protection.

Final Approval Date 03/12/2013
Result
  1. Final Approval granted.
  2. All objectors appealed the Final Approval.
  3. Class counsel moved to require an appeal bond of $260,500, split between the three appellant parties.
  4. All objector-appellants moved in opposition to the appeal bond.
  5. All appeals were voluntarily dismissed prior to the resolution of the appeal bond issue.
Dismissal of Last Appeal 07/25/2013
Attachments Docket Report.pdf
Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objections.pdf
Final Approval.pdf
Motion for Appeal Bond.pdf
Reply Brief in Support of Motion for Appeal Bond.pdf
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Objection of Christopher Batman

Objectors Christopher Batman
Signers Samuel J. Myles
Attorneys Samuel J. Myles
Christopher A. Bandas
Summary
  1. Attorneys' fees are excessive.
  2. Relief available to class members is insufficient.
  3. Cy pres awards only benefit a geographically limited portion of the class.

Objector Batman's initial response to the Motion for Appeal Bond incorrectly stated that he was a successful Objector-Appellant in In Re Baby Products Litigation. Class Counsel moved to strike this opposition, which was not resolved before the appeal was voluntarily dismissed.

NOTE: Christopher Bandas filed his appearance on the appeal.

Attachments Objection of Christopher Batman.pdf
Appeal of Objector Batman.pdf
Bandas Appearance for Objector-Appellant Batman.pdf
Opposition to Appeal Bond by Objector Batman.pdf
Opposition to Appeal Bond by Objector Batman - Corrected.pdf
Declaration of Batman Attorney Regarding Corrected Opposition to Appeal Bond.pdf
Motion to Strike Opposition to Appeal Bond.pdf
Opposition to Plaintiffs' Motion to Strike by Objector Batman.pdf
Reply to Opposition to Motion to Strike.pdf
Dismissal of Batman and Dorego Appeals.pdf
Batman Appeal Docket.pdf
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Objection of Cindy Beck

Objectors Cindy Beck
Signers Robert E. Margulies
Attorneys Robert E. Margulies
Jeffrey L. Weinstein
Summary
  1. Class representation is inadequate.
  2. Cy pres awards improperly direct settlement funds away from the class.
  3. By awarding money to third party cy pres recipients, class counsel should be required to forfeit all of their fees.
Attachments Objection of Cindy Beck.pdf
Weinstein Appearance for Objector Beck.pdf
Appeal of Objector Beck.pdf
Opposition to Appeal Bond by Objector Beck.pdf
Dismissal of Beck Appeal.pdf
Beck Appeal Docket.pdf
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Objection of Fatima Dorego

Objectors Fatima Dorego
Signers Forrest S. Turkish
Attorneys Forrest S. Turkish
Summary
  1. Cy pres awards improperly direct settlement money away from the class.
  2. Injunctive relief is illusory.
  3. Cy pres awards do not provide benefit to the class.
  4. Attorneys' fees are excessive.
Attachments Objection of Fatima Dorego.pdf
Appeal of Objector Dorego.pdf
Opposition to Appeal Bond by Objector Dorego.pdf
Dismissal of Batman and Dorego Appeals.pdf
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