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.
Ninth Circuit s Catch and Release of the De Minimis Standard natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
On April 8, 2022, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, re-certified three classes of packaged tuna buyers, rejecting a Ninth Circuit panel-majority’s per se.
The three-judge panel in Olean Wholesale Grocery Coop., Inc. v. Bumble Bee Foods LLC had determined that Federal Rule of Civil Procedure 23b3 required a district court to find that no more than a de minimis number of members are uninjured before a class may be certified.
Delivering some good news for advocates of competitive markets, the Ninth Circuit U.S. Court of Appeals has vacated a 2-1 decision that would have made it more difficult for antitrust claimants to secure class certification.