Danielle Foley authored "Asacol: The First Circuit Tightens the Reins on Class Certification" in Antitrust, an American Bar Association publication. The following is an excerpt:
"Three years later, after Nexium had been relied upon by courts to certify classes with significant numbers of uninjured class members, the First Circuit re-entered the discussion and walked back the reach of the Nexium decision in In re Asacol. With Asacol, the First Circuit joined the majority of circuits in holding class plaintiffs to the rigorous analysis of the effect of uninjured class members on the class certification decision. In doing so, the First Circuit closed the loop-hole it created for plaintiffs who sought to obtain class certification based on promises that they could separate the uninjured from the rest of the class through some method, at some point, down the road. As a result, Asacol is likely to have wide-reaching implications for class certification in a host of areas, particularly in large antitrust class actions."