Physicians Healthsource Inc. v. Purdue Pharma L.P.
A court can deny a request for class action certification that takes place prior to discovery as premature. The plaintiffs alleged that the defendants violated the Telephone Consumer Protection Act, 47 United States Code §227, and requested class-action certification. Class certification is appropriate if the prerequisites of Federal Rule of Civil Procedure 23(a) are met. When considering a request for class-action certification, courts may evaluate whether the plaintiffs prove, by a preponderance of the evidence, that requirements for numerosity, commonality, typicality, adequacy, predominance and superiority are met. The plaintiffs apparently admitted that additional discovery is required and filed the request for class-action certification because the 7th Circuit held that unless a request for class certification is made, a putative class action may be moot, if the defendant offers judgment that provides relief to the named plaintiff. The 2nd Circuit has rejected this rule and other circuits have rejected this concept. The court denied the plaintiff's motion for class certification, without prejudice to renewal at a later date.