Allied Orthopedic Appliances, Inc. et al v. Tyco Healthcare Group L.P.

In this class action, Janusz Ordover, supported by Jith Jayaratne and a Compass Lexecon team in San Francisco, provided economic analysis for Tyco Healthcare and concluded that the impact on members of a proposed class of direct purchasers of pulse oximetry products in the United States could not be assessed using evidence common to the class. Judge Mariana Pfaelzer agreed, concluding that impact could not be established using common evidence, and denied the motion to certify the putative class. This decision was upheld by the Ninth Circuit. Compass Lexecon was retained by Christopher Dusseault of Gibson, Dunn & Crutcher LLP, who successfully represented Tyco.