A Tougher Standard For Class In Antitrust Action

Law360, New York (January 7, 2009, 12:00 AM EST) -- The Third Circuit Court of Appeals vacated and remanded an order certifying a nationwide antitrust class after finding that the district judge had not given sufficiently rigorous scrutiny to the plaintiffs’ certification motion.

With its decision, In re Hydrogen Peroxide Antitrust Litigation, __ F.3d __, 2008 WL 5411562 (3d Cir. Dec. 30, 2008), the Third Circuit joins several other courts of appeals in requiring antitrust plaintiffs to demonstrate at the class certification stage, by a preponderance of the evidence, that they manageably can prove at trial...
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