Continuing to Troll the Ninth Circuit Class Certification Waters – Will the Supreme Court Join In?
Updated 8-16-22: StarKist and the other defendants filed their petition for certiorari in the Olean Wholesale Grocery case. A link to the Petition is here. In September 2021 and again in June of this year, we wrote about the Ninth Circuit’s opinion in Olean Wholesale Grocery v. Bumble Bee Foods and the court’s opinion following […]
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 court tossed back the panel’s […]
Deep Dive into Dueling Experts Leads to Denial of Class Certification in Multidistrict Litigation
A leading feature of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes is the “rigorous scrutiny” the trial court must apply to determine whether the evidence plaintiffs offer to support class certification meets the requirements of Rule 23. Following the Supreme Court’s decisions in Wal-Mart and Comcast, “[i]t is now indisputably the role […]
How Many Uninjured Class Members is Too Many for Certification? The Waters Remain Murky.
The extent to which the presence of uninjured class members may defeat class certification remains unsettled. While, standing alone, the existence of some uninjured class members may not be not fatal (depending on the circuit), just how many is too many to satisfy the predominance requirement of Rule 23(b)(3) is still in flux. The Ninth […]
Airline Price-Fixing Litigation Arrives in the MDNC
Cone v. American Airlines Group, Inc., a case filed this Thursday in the Middle District of North Carolina, is one of dozens of antitrust suits filed against the major U.S. airlines in courts across the country in recent weeks. With the addition of North Carolina, suits are now pending in at least seven states and […]