3rd Circ. Strikes Class Certification In Peroxide Suit

Law360, New York (December 31, 2008, 12:00 AM EST) -- The U.S. Court of Appeals for the Third Circuit has overturned and remanded class certification in a price-fixing lawsuit against hydrogen peroxide makers, setting a higher bar for plaintiffs to win class status.

Ruling on the defendants’ interlocutory appeal, the Third Circuit knocked down the standard that when in doubt, district courts should err in favor of granting class certification. The decision asserted that when weighing the class status, the courts must resolve all related factual disputes and give equal attention to evidence presented by both...
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