The 9th Circ.'s Antitrust Class Action Mistake On 'De Minimis'

By Jonathan Rubin and Daniel Mogin (April 14, 2021, 10:46 AM EDT) -- Sometimes it may be difficult or impossible for class action plaintiffs in antitrust cases to define the proposed class in a way that includes only class members who suffered recoverable damages.

When this occurs, defendants often challenge class certification on the grounds that the proposed class includes uninjured class members who would lack standing were they to bring a claim individually.

The courts in recent years have responded to such arguments by denying class certification where "too many" class members potentially suffered no injury.

It is often not clear, however, whether a given proportion of potentially uninjured class members is too...

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