Suzanne E. Chiodo

The defendants brought a summary judgment motion to dismiss the plaintiffs' multi-plaintiff action as statute-barred.

The plaintiffs, former involuntary patients at the Oak Ridge psychiatric facility, alleged they were subjected to abusive human experimentation and torture by the defendant doctors between 1966 and 1983.

The court dismissed the defendants' motion, finding that the plaintiffs had a free-standing claim for breach of fiduciary duty that was not subsumed by the expired limitation periods for medical malpractice or tort claims.

The court granted the plaintiffs partial summary judgment on the breach of fiduciary duty claim, leaving issues of harm and damages for trial.

Two competing proposed class actions alleged an international price‑fixing conspiracy relating to rechargeable lithium‑ion batteries and related consumer electronic products.

Counsel in each action sought carriage of the class proceeding and a stay of the other action under the Class Proceedings Act, 1992.

The court assessed factors including the scope of the claims, progress of the actions, proposed representative plaintiffs, class definitions, coordination with related proceedings, and the preparedness and strategic approach of counsel.

While both sets of counsel were experienced and many factors were neutral, the court found that the Shah action demonstrated a more proactive and coordinated approach, including earlier steps to refine the class definition, add defendants, obtain case management, and coordinate expert analysis.

The court concluded that awarding carriage to that action best advanced the interests of the proposed class.