How Tuna Antitrust Ruling Affects Job Bias Class Actions

By Marc Shapiro, Katie Mantoan and Kelly Williams (April 23, 2021, 6:26 PM EDT) -- Courts have increasingly scrutinized the use of statistical evidence to secure class certification.

Olean Wholesale Grocery Cooperative Inc. v. Bumble Bee Foods LLC[1] is the most recent pronouncement in this growing trend.

And although Olean is an antitrust case, the approach it adopts is nevertheless of key importance in employment discrimination class actions.

The U.S. Court of Appeals for the Ninth Circuit explained that district courts must find predominance by a preponderance of the evidence and, in making that determination, they may not rely on statistical models that obscure the extent of uninjured class members.

Rather, they must conclude that the...

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