About a year ago we reported on the dismissal of what we characterized as a “really bogus” attempted class action in In re McNeil Consumer Healthcare Marketing & Sales Practices Litigation, 2011 WL 2802854 (E.D. Pa. July 15, 2011) (“MCH”). We distilled the 2011 MCH opinion down into four “simple rules” for pleading:Simple rule #1: If you didn’t buy the product, you can’t claim economic loss from purchasing it.Simple rule #2: There has to be something wrong with the product before you can sue over it.Simple rule #3: What you didn’t buy can’t cause you any injury from its mere purchase.

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