StarKist Tells 9th Circ. Uninjured Overwhelm Tuna Classes

By Lauren Berg (September 22, 2021, 10:20 PM EDT) -- StarKist Co. urged the en banc Ninth Circuit during oral arguments on Wednesday to decertify three classes of canned tuna buyers in a massive price-fixing lawsuit, saying there are too many class members who haven't suffered any injuries from the alleged scheme.

Gregory G. Garre of Latham & Watkins LLP, an attorney for StarKist and its parent company, told the appellate court that the initial panel got it right when it decertified three buyer classes, arguing that the district court should have determined how many members hadn't suffered any injuries before making a certification determination.

In April, the divided circuit panel...

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