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

Law360 (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....

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