Bogosian, Linerboard After Hydrogen Peroxide

Law360, New York (February 9, 2009, 12:00 AM EST) -- For years in the Third Circuit, expansive interpretations of two decisions, Bogosian and Linerboard, led to near-automatic class certification in actions alleging horizontal price-fixing.[1] The Court of Appeals’s recent Hydrogen Peroxide decision, however, instructs district courts to take a much closer look.[2]

There are two important components to the decision. First, the court provides the most comprehensive — and comprehensible — analysis of the procedural framework governing class certification decisions since the Supreme Court’s decision in Amchem.

Second, in more cautious terms, the court provides substantive...
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