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Fishy Results for Class Action Defendants in the Ninth Circuit

Last September, we wrote about the Ninth Circuit’s opinion in Olean Wholesale Grocery v. Bumble Bee Foods and the court’s decision to rehear the case en banc.  The en banc Ninth Circuit has now waded back into the class certification waters, with mixed results for defendants.  While the en banc…

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Does Tyson’s “No Reasonable Juror” Standard Relieve Courts of the Obligation Rigorously To Analyze Expert Statistical Models at Class Certification?

In order to have a class certified, the plaintiffs have the burden of proving to the satisfaction of the court, “after a rigorous analysis,” that they comply with Rule 23—that is, that “there are in fact sufficiently numerous parties, common questions of law or fact, etc.”  Wal-Mart Stores, Inc. v.…

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