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 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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!