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-fixing conspiracy harmed all, or nearly all, of the Class members.” The defendants’ expert challenged...
Source: jdsupra.com