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Class Action Litigation Newsletter | 2nd Quarter 2023 | Insights

This GT Newsletter summarizes recent class-action decisions from across the United States.

North-dakota , United-states , Ohio , Michigan , New-york , Baltimore , Maryland , Jordan , Arkansas , Colorado , Iowa , Missouri

The Class Action Chronicle - December 2022 | Skadden, Arps, Slate, Meagher & Flom LLP

SCOTUS Leaves Standing 9th Circuit Ruling in Tuna Case That, at Certification, Plaintiffs Need Not Show Putative Class Has Few Unharmed Members - Litigation of the class...

New-york , United-states , Hoosick-falls , Village-of-hoosick-falls , Lawrencee-kahn , Andrews-oldham , Experian-mktg , Jacquelineh-nguyen , Boeing , Central-railroad-banking-co , Wal-mart-stores-inc , See-olean-wholesale-grocery-coop-inc

The class action chronicle

Litigation of the class certification question nearly always involves expert and significant factual discovery, and often requires an extensive…

New-york , United-states , Hoosick-falls , Lawrencee-kahn , Andrews-oldham , Jacquelineh-nguyen , Boeing , Saint-gobain-performance-plastics-corp , Wal-mart-stores-inc , United-states-district-court , Starkist-co

Threats of Antitrust Enforcement in the Supply Chain | Foley & Lardner LLP

With steep inflation and seemingly constant disruptions in supply chains for all manner of goods, the Biden Administration has turned increasingly to antitrust authorities to tame price...

Australia , California , United-states , New-zealand , Canada , United-kingdom , White-house , District-of-columbia , American , Aerojet-rocketdyne , Jonathan-kanter , Lina-kahn

9th Circ. Decision Sets New Framework For Class Certification - Class Actions

The en banc U.S. Court of Appeals for the Ninth Circuit's recent watershed decision in Olean Wholesale Grocery Cooperative Inc. v. Bumble Bee Foods LLC established several significant benchmarks for...

Cordoba , Cóba , Argentina , District-of-columbia , United-states , Kennethk-lee , Sandra-segal-ikuta , Olean-wholesale-grocery , Us-court , Bee-foods , Ninth-circuit , Olean-wholesale-grocery-cooperative

En Banc Ninth Circuit Panel Weighs In On Class Certification Standards And The Use Of Statistical Evidence To Demonstrate Common Antitrust Impact - Antitrust, EU Competition

In a highly anticipated ruling, an en banc Ninth Circuit panel affirmed a district court's certification of three classes of purchasers in a price fixing case against the...

United-states , American , Sandra-ikuta , Kenneth-lee , Andrew-kleinfeld , Supreme-court , Olean-wholesale-grocery-inc , Tyson-foods-inc , Ninth-circuit , Olean-wholesale-grocery-co-op-inc , Competition-corner , Circuit-judge-sandra-ikuta

Novel court ruling offers insight into antitrust exemptions and legitimate competitor communications

The District of Columbia District Court recently issued the first judicial interpretation of 49 US Code Section 10706(a)(3)(B)(ii), which sets out an evidentiary exemption relating to certain agreements among railroads. On its face, the decision's reach appears limited. However, the opinion provides insight into the judicial interpretation of antitrust exemptions and practical reminders for rail and other industries that have legitimate, and sometimes legally protected, communications with competitors.
Staggers Act
In 1980 Congress enacted the Staggers Rail Act as part of the deregulation of the rail industry to allow for more competition between railroads and between rail and other modes of transport such as trucking. Section 10706(a)(3)(B)(ii), recodified without substantive changes in the Interstate Commerce Commission Termination Act 1995, provides for the exclusion of evidence relating to and bars inferences arising from discussions and agreements coordinating so-called 'interline' movements. Interline movements are shipments carried over two or more railroads to get to the shipment destination. Carriers do not compete with one another for carriage of interline traffic but act as a sort of joint venture for the movement, which necessitates cooperation and agreements on terms and rates (eg, fuel surcharges).

United-states , Commerce-commission-termination , Supreme-court , Department-of-justice , District-of-columbia-court , Credit-suisse-securities-united-states , Columbia-district-court , Staggers-rail-act , Interstate-commerce-commission-termination-act , Rail-freight-fuel-surcharge-antitrust-litigation , Federal-trade-commission

Should Defendants Seek Stays of Class Actions Pending the Supreme Court's Upcoming Decision on Article III Standing for Absent Class Members? | Carlton Fields

On December 16, 2020, the Supreme Court granted certiorari in
TransUnion LLC v. Ramirez to review the Ninth Circuit's decision in
Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following question:
Whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.
The oral argument in
One strategy that merits substantial consideration is
moving to stay any class action pending the outcome in
TransUnion where there are Article III standing questions because the named class representative or some unnamed members of the class have not suffered any harm.

Florida , United-states , Carlton , Cordoba , Cóba , Argentina , Supreme-court , Trans-union , Nam , Deutsche-bank , Ninth-circuit

Court issues key ruling on shipper accusations of Class 1 price collusion

Court rules in favor of shippers in Class 1 price collusion lawsuit.
Photo by William Beecher
About a year ago, RT&S has reported on accusations of individual shippers and shipper groups (which has now grown to 200 shippers) that BNSF, CSX, NS and UP colluded to fix prices through fuel-surcharge programs beginning in 2003.
We published four stories from December 19 through February 7, and if you follow this link, it will take you to our most recent story, which has links to the other stories. A U.S. District Court in Washington, D.C. issued a key ruling on this case on Friday. Below is a press release from the law firm representing the shippers. RT&S has reached out to all four named Class 1s for comment.

United-states , District-of-columbia , Washington , Paul-friedman , Sathya-gosselin , Davidc-lester , William-beecher , Department-of-justice , United-states-district-court , Us-district-court , Judge-paul-friedman , Rail-freight-fuel-surcharge-antitrust-litigation

Score One for Shippers in Ongoing Fuel Surcharge Case

Score One for Shippers in Ongoing Fuel Surcharge Case
railwayage.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from railwayage.com Daily Mail and Mail on Sunday newspapers.

District-of-columbia , United-states , Sathya-gosselin , Charles-dickens , Paull-friedman , Norfolk-southern , Union-pacific , Us-district-court , Score-one , Ongoing-fuel-surcharge-case-written , Columbia-judge-paul , Rail-freight-fuel-surcharge-antitrust-litigation