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In Divided En Banc Ruling, Ninth Circuit Holds That The Potential Presence Of Uninjured Class Members Does Not Defeat Class Certification - Anti-trust/Competition Law

In April 2021, the Ninth Circuit issued its panel opinion in Wholesale Grocery Cooperative v. Bumble Bee Foods LLC, which held that the district court erred in certifying several classes of tuna purchasers...
United States Supreme Court Wal Mart Stores Inc Retirement Plans Trust Funds Amgen Inc Circuit Panel Opinion
Source: mondaq.com

Ninth Circuit Stresses District Court's Duty to Weigh Competing Expert Evidence at Class Certification | McGuireWoods LLP

In Olean Wholesale, litigation related to the long-running tuna price-fixing saga, purchasers of packaged seafood alleged a price-fixing conspiracy against the three largest domestic producers of packaged tuna. At class certification, the parties’ experts disagreed on whether a sufficient portion of the proposed class had been harmed by the alleged scheme. The plaintiffs’ expert “relied on statistical evidence in the form of a regression model which purports to prove that the price-fixin...
Seericharda Nagareda Olean Wholesale Grocery Cooperative Inc Bee Foods Ninth Circuit Olean Wholesale Grocery Cooperative Olean Wholesale

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