Justice Joan Lax, during the course of the class action trial in Andersen v. St. Jude Medical, Inc., has granted defendants’ request to allow expert evidence from a law professor on the societal and economic impacts of waiver of tort. Lax ruled that the evidence was relevant to several questions relating to waiver of tort including whether all or part of the class before her could elect to have damages determined through a disgorgement of profits. She also ruled that it was relevant as to whether all of the class or only parts of it could so elect.
Vanessa Voakes of Stikeman Elliott has more on the firm’s class action law blog.
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