StemGenex Medical Group lost its bid to reverse a district court order granting class status to plaintiffs claiming the stem cell clinic misrepresented patient satisfaction ratings to customers, according to an unpublished Ninth Circuit decision Tuesday.
The U.S. Court of Appeals for the Ninth Circuit sent back the case, however, with instructions to limit the subclass definitions to individuals who actually saw the satisfaction ratings. Without that limitation, the class could include individuals who didn’t see the ratings and accordingly weren’t injured by any alleged misrepresentation.
Although that’s what the U.S. District Court for the Southern District of California said ...