News & Analysis as of

Class Certification Predominance Requirement Uninjured Class Members

Carr Maloney P.C.

SCOTUS Deepens Circuit Split on Predominance Standard

Carr Maloney P.C. on

The United States Supreme Court declined Visa and Mastercard’s petition for certiorari on Monday, thereby deepening a split between the circuit courts regarding the predominance standard for class certification. The National...more

Kilpatrick

En banc Ninth Circuit reinstates class certification ruling in Bumble Bee price-fixing case, arguably solidifying a circuit split...

Kilpatrick on

Takeaway: A year ago we wrote about the Ninth Circuit’s decision in Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC, 993 F.3d 774 (9th Cir. 2021), where a panel held that a district court abused its...more

Haug Partners LLP

En Banc 9th Circuit Puts Packaged Tuna Antitrust Classes Back in the Case, Dissent Warns of a “Tidal Wave Of Monstrously Oversized...

Haug Partners LLP on

On April 8, 2022, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, re-certified three classes of packaged tuna buyers, rejecting a Ninth Circuit panel-majority’s per se rule regarding a de minimis number of...more

King & Spalding

Ninth Circuit Holds That Statistical or “Representative” Evidence Can Establish Predominance, But Vacates Order Certifying Class...

King & Spalding on

On April 6, 2021, the Ninth Circuit for the first time addressed a plaintiff’s burden to show predominance at the class certification stage. In Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, the court joined the...more

Haug Partners LLP

9th Circuit Filets Tuna Classes, Holding That District Courts Must Evaluate the Degree of Uninjured Class Members Prior to...

Haug Partners LLP on

The U.S. Court of Appeals for the 9th Circuit recently weighed in on the effect of uninjured class members on class certification—decertifying three classes in Olean Wholesale Grocery Coop. v. Bee Foods LLC. Olean concerned...more

Kilpatrick

Antitrust class actions: Ninth Circuit rules that predominance “cannot be outsourced to a jury”

Kilpatrick on

Takeaway: We have posted a number of articles about whether Rule 23’s predominance requirement can be satisfied when a proposed class includes uninjured class members. See, e.g., D.C. Circuit denies class certification...more

Pierce Atwood LLP

After-Effects of In re Asacol: Recent District Court Decisions on Certification and Uninjured Class Members

Pierce Atwood LLP on

About a year ago, I observed that the First Circuit in In re Asacol Antitrust Litigation had constrained plaintiffs’ ability to rely on affidavits to prove injury-in-fact. In so doing, the First Circuit substantially...more

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