Dial Soap Class Certification Won’t Get Appellate Eye

Dial Corp. lost its bid July 31 to have the First Circuit reconsider class certification of claims that it misrepresented the antibacterial properties of Dial Complete branded hand soap (Carter v. The Dial Corp., 2017 BL 266243, 1st Cir., No. 17-8009, 7/31/17).

Dial failed to convince two judges on a three-judge U.S. Court of Appeals for the First Circuit panel that the lower court’s class certification analysis was “sufficiently questionable to warrant immediate review.”

But the third judge, Judge William Joseph Kayatta Jr., dissented to the denial of interlocutory review under Fed. R. Civ. P. 23(f).

Speficially, Kayatta ...