9th Circ. Shows How Stats Shore Up Rejection Of Class Cert.

By David Singh, Eric Hochstadt and Pravin Patel (April 16, 2021, 5:16 PM EDT) -- In the Olean Wholesale Grocery Cooperative v. Bumble Bee Foods LLC opinion entered on April 6,[1] the U.S. Court of Appeals for the Ninth Circuit grappled with an issue recently broached by a number of courts considering class certification: the presence of uninjured class members.

Specifically, the court addressed whether district courts must rule on the presence of uninjured class members when ruling on Federal Rule of Civil Procedure 23's predominance requirement.

The three-judge split panel ultimately decertified three classes in this multidistrict antitrust case that alleged a price-fixing conspiracy by producers of packaged tuna, vacating and remanding for the U.S....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!