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The De Minimis Standard Sleeps with the (Tuna) Fish: The En Banc Ninth Circuit Rejects a Per Se Prohibition on the Certification of Classes with Uninjured Class Members | K&L Gates LLP

On first glance, one might think that packaged tuna, price-fixing conspiracies, and uninjured class members have little in common. A closer look at the recent Ninth Circuit odyssey of...
United States Robert Sparkes Robertw Sparkes Kl Gates Olean Wholesale Grocery Coop Inc See Olean Wholesale Grocery Coop Inc

Ninth Circuit's Catch and Release of the De Minimis Standard

The en banc Ninth Circuit squarely rejected the de minimis standard, suggesting that a class containing some, or even a great many, uninjured class members may qualify for class treatment, court’s decision resembles the oft-criticized certify now, worry later approach.
United States Robert Sparkes Robertw Sparkes Olean Wholesale Grocery Coop Inc See Olean Wholesale Grocery Coop Inc Tyson Foods Inc

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