Applying the first-to-file rule, a federal judge in Newark has thrown out three putative class actions against Bayer HealthCare over digestive health products, finding the claims and the relief sought “overwhelmingly similar” to a suit filed earlier in California.
U.S. District Judge Esther Salas, in dismissing the suits on March 30, found they were filed weeks after Stanley v. Bayer HealthCare, 11-cv-962, was filed in the Southern District of California. Even one day later would have sufficed, she noted.
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