N.D. Tex. Rejects Attempt to Convert Suit to Limited-fund Class Action Due to Inadequate Claim and Fund Valuations

BNA’s Class Action Litigation (Volume 07 Number 05, Fri., Mar. 10, 2006, Page 147, ISSN 1529-8000) is reporting on Klein v. O'Neal, Inc.,2006 WL 325766 (N.D.Tex. Feb 13, 2006):

Opt-out class plaintiffs in an action over a vitamin E solution given to premature babies during the 1980s may not convert the suit into a limited-fund class action, a federal trial court ruled Feb. 13. . . .

The plaintiffs failed to establish the requisites for limited-fund certification under Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999). . . . Specifically, they could not reliably value the unliquidated claims, and could not establish the value of the fund.

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