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A U.S. appeals court on June 10 heard oral arguments in a class-action case in which California truck drivers argued they should have been paid for nondriving work time, even while under a piece-rate basis agreement with a motor carrier to transport a load
Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC, 993 F.3d 774, 2021 WL 1257845 (9th Cir. 2021), where it held that the district court abused its discretion by granting class certification without determining the percentage of class members injured by the allegedly anticompetitive conduct. The
Olean decision presents another case study in the hurdles presented to class certification by the predominance requirement, especially in cases where plaintiffs employ statistical or representative evidence to show class-wide injury at the class certification stage.
In
Olean, producers of packaged tuna appealed a ruling certifying three classes in a multidistrict antitrust case alleging a price-fixing conspiracy. The appellants challenged the district court’s finding that Rule 23’s predominance requirement had been satisfied by disputed expert statistical evidence showing class-wide impact on the classes “based on averaging assumptions and pooled transaction data
In Olean Wholesale Grocery Co-op Inc. v. Bumble Bee Foods LLC, No. 19-56514 (9th Cir. Apr. 6, 2021), the Ninth Circuit clarified several class certification issues that have been heavily in dispute.
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The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a
de minimis number of putative class members were injured.
On April 6, 2021, in
Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, the U.S. Court of Appeals for the Ninth Circuit resolved several important class certification issues that had long been unsettled in the circuit. The case involved antitrust claims and thus is of particular interest to the antitrust bar and companies facing antitrust class actions. But the rulings will affect other class actions as well.