By Alison Frankel
This division amongst trial courts is now at issue before both the D.C. Circuit, in the Whole Foods case, and the 7th Circuit in the IQVIA case. And it’s sufficiently consequential that both sides of the class action lobby have mobilized. Whole Foods and IQVIA have amicus backing from the U.S. Chamber of Commerce and the Washington Legal Foundation. (The Business Roundtable is an amicus in the Whole Foods case but has not appeared in the IQVIA appeal.) Plaintiffs in the Whole Foods appeal are backed by Public Citizen. In the IQVIA case, the American Association of Justice has filed an amicus brief backing the prospective class.
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