A class can't be decertified unless there are substantial changes to the facts of a case, nor can it be decertified once a partial ruling has been made as to the merits of the case, an attorney for a class suing over the off-label marketing of epilepsy and neuralgia drug Neurontin argued before the Pennsylvania Superior Court in Philadelphia. The attorney argued that Philadelphia Common Pleas Court Judge Mark I. Bernstein improperly decertified the class in February -- a month before trial.
Pa. Court Mulls Class Decertification in Off-Label Drug Case
The Legal Intelligencer
November 23, 2009