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The Bogosian Shortcut Post-Hydrogen Peroxide

Law360, New York (July 1, 2011, 12:25 PM EDT) -- In In re Hydrogen Peroxide Antitrust Litigation, the Third Circuit held that "[c]lass certification is proper only if the trial court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23 are met." In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305, 309 (3d Cir. 2008).

The specific issues on appeal in Hydrogen Peroxide were whether the district court erred in any of the following ways: "(1) by applying too lenient a standard of proof for class certification, (2) by failing meaningfully to consider the views of defendants' expert while crediting plaintiffs' expert," and (3) by "erroneously presum[ing] the...

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