Yamada v. Nobel Biocare Holding AG

275 F.R.D. 573, 2011 U.S. Dist. LEXIS 92598, 2011 WL 3634197
CourtDistrict Court, C.D. California
DecidedAugust 12, 2011
DocketNo. 2:10-cv-04849-JHN-PLAx
StatusPublished
Cited by3 cases

This text of 275 F.R.D. 573 (Yamada v. Nobel Biocare Holding AG) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yamada v. Nobel Biocare Holding AG, 275 F.R.D. 573, 2011 U.S. Dist. LEXIS 92598, 2011 WL 3634197 (C.D. Cal. 2011).

Opinion

ORDER GRANTING PLAINTIFF’S MOTION FOR CLASS CERTIFICATION [48]

JACQUELINE H. NGUYEN, District Judge.

The matter is before the Court on Plaintiff Jason Yamada, D.D.S.’s (“Plaintiff’) Motion for Class Certification and to Appoint Class Representative and Class Counsel pursuant to Rule 23 of the Federal Rules of Civil Procedure. (Docket 48.) The Court previously deemed the matter appropriate for decision without oral argument. See Fed. R.Civ.P. 78(b); Local Rule 7-15. For the reasons herein, the Court GRANTS Plaintiffs Motion.

I. FACTUAL BACKGROUND

The allegations below are culled from the First Amended Complaint (“FAC”), which is the operative complaint in this matter. (See Docket No. 18; see also, 1/20/11 Order at 13, Docket No. 36.) Plaintiff is a dentist who has purchased dental implants from Defendants Nobel Biocare Holding AG, Nobel Biocare AB, and Nobel Biocare USA, LLC (collectively, “Defendants”), three affiliated companies that Plaintiff alleges designed, manufactures, markets, and sells the dental implants at issue. (FAC ¶¶ 12-15, 20.) Defendants launched the implant, called the NobelDirect, in 2004. (Id. at ¶ 22.) Plaintiff implanted dozens of NobelDirect implants in his patients between 2004 and 2005. (Id. at ¶ 12.) The implants of at least a dozen of Plaintiffs patients have failed, requiring surgical removal, reconstruction, replacement, and monitoring. (Id.) Plaintiff has paid out of pocket for these services in order to protect both his patients’ health and welfare and the goodwill of his dental practice. (Id.)

Plaintiff alleges that the NobelDirect is defective both in the design of the implant itself and in the implantation technique that Defendants recommend in its use. (Id. at ¶¶ 1-2, 32.) For example, Plaintiff asserts that the tapered one-piece design of the No-belDireet causes “bone loss, bone resorption, lack of implant osseointegration, gingival retraction, gingival pitting with metallic discoloration and/or failed and failing implants.” (Id. at ¶ 2.) Additionally, Plaintiff alleges that these complications occur particularly when the NobelDirect is implanted through the use of a gingival punch insertion site, rather than the alternative technique using a surgical flap. (Id. at ¶¶ 34, 48, 51; see also id. at ¶ 23 (“The implant was ... designed to be screwed directly into the jawbone without having to first retract the gingival [tissue] covering the alveolar crest bone.”).)

Plaintiff further alleges that Defendants knew of the product’s defects and failed to disclose the defects and associated risks, such as in the product labeling. (Id. at ¶¶ 39-43.) In addition, Defendants made false representations about the NobelDireet’s safety and effectiveness, including through a marketing brochure distributed to dentists beginning in about 2003. (Id. at ¶¶ 51-52.) The brochure advertised the NobelDirect as “anatomically correct in design and biologically correct in action,” claimed that it caused reduced bone loss and less discomfort than other implants, touted the flapless implantation procedure and one-piece design as making the implant easy to use, and represented the NobelDirect’s implantation as a “common and safe dental procedure.” (Id. at ¶¶54-56.)

Plaintiff alleges that he and other dentists relied on Defendants’ representations of the [576]*576NobelDirect’s ease of use and safety, leading them to purchase the implants directly from Defendants. (Id. at ¶¶ 33, 48, 59.) Additionally, according to the FAC, Defendants’ non-disclosures and misrepresentations made it impossible for Plaintiff and other dentists to learn about the NobelDirect’s defects. (Id. at ¶¶ 70, 72.) Plaintiff also alleges that Defendants mailed a letter to its customers on or about February 25, 2008, which asserted “there is no potential hazard associated with the continued use of the NobelDirect” and “implant techniques have normal contraindications and risks.” (Id. at ¶ 73.)

Based on the foregoing allegations, Plaintiff commenced this action on June 30, 2010. Plaintiff, on behalf of himself and a class defined as “[a]ll dentists in the United States who have implanted NobelDirect implants,” asserts federal jurisdiction under 28 U.S.C. § 1332(d), the Class Action Fairness Act. (Id. at ¶ 61.) Plaintiff alleges six claims for relief: (1) declaratory relief; (2) implied indemnity; (3) breach of express warranty; (4) breach of implied warranty; (5) unfair business practices in violation of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200 et seq.; and (6) fraudulent business practices in violation of the UCL. On January 20, 2011, the Court dismissed with prejudice the second cause of action. (Docket No. 36.)

II. THE INSTANT MOTION

By this motion, Plaintiff moves for an order certifying this action as a nationwide class action, appointing him class representative, and appointing the law firms, Audet & Partners, LLP; Lopez McHugh, LLP; and the Law Offices of Stephen Ochs, D.D.S., J.D., as class counsel. In the moving papers, Plaintiff provides a broader definition of the proposed class:

All individuals and entities in the United States who have purchased any NobelDi-rect dental implant other than the “Nobel-Direct Groovy.”

(Notice of Mot. 1.) As stated previously, in the FAC, Plaintiff provided a narrower definition of the class: “[a]ll dentists in the United States who have implanted NobelDirect implants.” (FAC ¶ 61 (emphasis added).) To square with the FAC’s definition of the class, the scope of the class shall be defined as follows:

All dentists in the United States who have purchased any NobelDirect dental implant other than the “NobelDirect Groovy.”

This definition is more precise and better reflects Plaintiffs intent to limit the members to “dental professionals” who purchased the implants and whose names are contained in Defendants’ mailing list. (See Mot. 24; Rule 26(f) Joint Report 4.)

III. DISCUSSION

Pursuant to Rule 23 of the Federal Rules of Civil Procedure, one or more members of a class may sue as representative parties on behalf of the entire class. The party seeking class certification bears the burden of demonstrating that each of the four requirements of Rule 23(a) and at least one requirement of Rule 23(b) is met. United Steel, Paper & Forestry, Rubber, Mfg. Energy v. ConocoPhillips Co., 593 F.3d 802, 807 (9th Cir.2010). Although a court has “broad discretion” to certify a class, it must conduct a “rigorous analysis” to determine whether the party seeking certification has met its burden. Zinser v. Accufix Research Inst., Inc.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Terrill v. Electrolux Home Products, Inc.
295 F.R.D. 671 (S.D. Georgia, 2013)
Tait v. BSH Home Appliances Corp.
289 F.R.D. 466 (C.D. California, 2012)
Keegan v. American Honda Motor Co.
284 F.R.D. 504 (C.D. California, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
275 F.R.D. 573, 2011 U.S. Dist. LEXIS 92598, 2011 WL 3634197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yamada-v-nobel-biocare-holding-ag-cacd-2011.