# Kwaak v. Pfizer, Inc.

> Massachusetts Appeals Court · February 29, 2008 · 71 Mass. App. Ct. 293

URL: https://www.frixlaw.com/law-library/cases/6463195

## Case

- **Full name:** Sherry Kwaak & another v. Pfizer, Inc.
- **Court:** Massachusetts Appeals Court
- **Decided:** February 29, 2008
- **Citations:** 71 Mass. App. Ct. 293; 881 N.E.2d 812
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Brown, Kafker
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6463195

## How later opinions describe it (automated extraction)

- rejecting class certification of those seeking relief for deceptive advertising campaign, where not all class members encountered advertisements and variations existed in advertisements that proposed class members did encounter

## Opinion text

Brown, J.
(concurring). I fully agree with the carefully crafted *303 majority opinion. However, I have much less difficulty concluding that the certification of the class here was improper. The interests of the various potential plaintiffs are so dissimilar that I am puzzled why these plaintiffs’ counsel have diverted their efforts away from a problematic case to an extremely difficult one that attempts to encompass the much larger universe of a class action.
An attorney’s paramount interest is that of his or her client. See Mass.R.Prof.C. 1.7, as amended, 430 Mass. 1301 (1999). This familiar standard has, of course, been expressed in different ways over the past two millennia, from the Bible, see Matthew 6:24 (“No man can serve two masters”), to the quaint old proverb that “you dance with the one who brought you.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6463195. Public record. Not legal advice.