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The De Minimis Standard Sleeps with the (Tuna) Fish: The En Banc Ninth Circuit Rejects a Per Se Prohibition on the Certification of Classes with Uninjured Class Members | K&L Gates LLP

On first glance, one might think that packaged tuna, price-fixing conspiracies, and uninjured class members have little in common. A closer look at the recent Ninth Circuit odyssey of. ....

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Ninth Circuit's Catch and Release of the De Minimis Standard

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. ....

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Ninth Circuit's Catch and Release of the De Minimis Standard

Ninth Circuit's Catch and Release of the De Minimis Standard
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Where's the Harm in Class Certification? The United States Supreme Court Confirms: It Must Be in Plaintiffs' Evidence | K&L Gates LLP

Where's the Harm in Class Certification? The United States Supreme Court Confirms: It Must Be in Plaintiffs' Evidence | K&L Gates LLP
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Something is Buzzing in the 9th Circuit: How Canned Tuna, Bumble Bees, and Uninjured Class Members Combine for an Important Class Certification Ruling | K&L Gates LLP

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Over the past several years, the U.S. Court of Appeals for the 9th Circuit appeared poised to sanction a generous approach to certifying proposed classes under Rule 23 of the Federal Rules of Civil Procedure.
1 Recently, however, the 9th Circuit has taken steps to tighten up the rigor of the required analysis that district courts must conduct when evaluating motions for class certification.
2 The 9th Circuit appears to have taken another step in that direction in
Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC.
3
In
Bumble Bee Foods, the 9th Circuit sharpened the standards governing Fed. R. Civ. P. 23(b)(3)’s predominance requirement, which mandates that common issues predominate over individual issues. Specifically, the Court provided much-needed teeth to the district courts’ obligations to resolve factual and legal disputes bearing on predominance including conflictin ....

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