Bahamas Surgery Center, LLC v. Kimberly-Clark Corp.

U.S. Court of Appeals for the Ninth Circuit

Tab Group

Merits Stage

Ninth Circuit vacates and remands district court judgments in class action case

July 23, 2020

The Ninth Circuit held that the named plaintiffs lacked standing and that the district court improperly refused to decertify a “fraudulent concealment” class where individual issues predominated. The U.S. Chamber filed an amicus brief urging the court to reverse the damages award for other reasons.

U.S. Chamber files coalition amicus brief urging Ninth Circuit to reverse punitive damage award and decertify class

August 29, 2018

Click here to view the amicus brief filed jointly by the U.S. Chamber, National Association of Manufacturers, and American Tort Reform Association.

Cary Silverman and Christopher E. Appel of Shook, Hardy & Bacon, L.L.P. served as co-counsel for the amici.

Case Documents

Order re Class Certification -- Shahinian v. Kimberly-Clark Corp. (USDC - Central District of California).pdf

Amended Order -- Bahamas Surgery Center, LLC v. Kimberly-Clark Corp. (USDC - Central District of California).pdf

U.S. Chamber, et. al Amicus Brief -- Bahamas Surgery Center, LLC v. Kimberly-Clark Corp. (Ninth Circuit).pdf

Memorandum -- Bahamas Surgery Center, LLC v. Kimberly-Clark Corp. (Ninth Circuit).pdf