The 'No Reasonable Juror' Rule And Antitrust Class Actions

By Lawrence Moore (November 29, 2018, 2:14 PM EST) -- In Tyson Foods Inc. v. Bouaphakeo,[1] the U.S. Supreme Court held that the plaintiffs had met their burden of showing predominance in a class and Fair Labor Standards Act collective action by relying on their expert's calculation of an average time spent donning and doffing protective gear to be applied to members of the class. Tyson noted that the defendant "did not raise a challenge to respondents' experts' methodology under Daubert," and then invoked the summary judgment standard to review the expert's opinion, stating that "[t]he District Court could have denied class certification on this ground only if it concluded that no reasonable juror could have believed that the employees spent roughly equal time donning and doffing."[2]...

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