Today, the Ninth Circuit applied the coup de grace. They tossed out the verdict altogether AND remanded the matter with instructions that the case be dismissed.

What had Avenatti done wrong??? In a STUNNING BIT OF POTENTIAL MALPRACTICE, Avenatti had taken a class-action case to trial with a Class Representative Plaintiff who had not been damaged — Bahamas Surgical Center had never purchased any the KCC manufactured gowns at issue.

Bahamas has no claim against Halyard [distributor of KCC gowns] because it purchased no gowns from it, and any injuries it has are not traceable to Halyard’s conduct. Without a claim of its own, Bahamas cannot “‘seek relief on behalf of [itself] or any other member of the class.’” //

there was no reason for Avenatti to not have moved to amend the complaint to add new Class Representatives when this issue came up.

The claims against KCC may have been sound and based in substantial facts. But this procedural error by Avenatti has all the class members now in a position of having to start over again.