Judge Rules Proposed Class of Metabolife Plaintiffs Lacks Definition, Typicality

MIAMI - A federal judge in Florida rejected a motion filed by six plaintiffs to certify a statewide class of Florida residents who used Metabolife 356, a weight loss supplement containing both ephedra and caffeine, and a nationwide class of individuals seeking medical monitoring as a result of using the weight loss supplement. Francella Perez, et al., v. Metabolife International, Inc., No. 02-CV-22850 (S.D. Fla., Miami Div.).

In an order docketed Sept. 26, U.S. District Judge Paul C. Huck ruled that the proposed classes failed to meet the requirements of Federal Rule of Civil Procedure 23. Specifically, Judge Huck ruled …