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On April 6, 2021, the Ninth Circuit for the first time addressed a plaintiff’s burden to show predominance at the class certification stage. In
Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, the court joined the First, Second, Third, Fifth, and Seventh Circuits in holding that a plaintiff must prove predominance by a preponderance of the evidence, concluding that this standard best comports with the U.S. Supreme Court’s directive that district courts perform a “rigorous analysis” to determine whether Rule 23(b)(3) has been satisfied. The Ninth Circuit also clarified that classes may include no more than a
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9th Circ. Directly Supports Zetia Class Fight, 4th Circ. Told
Law360 (April 8, 2021, 11:34 PM EDT) Merck and Glenmark have told the Fourth Circuit that a newly issued Ninth Circuit decision upending class certification for buyers alleging price-fixing of canned tuna directly supports undoing certification of drug wholesalers accusing the two drugmakers of blocking a generic form of cholesterol drug Zetia.
The Ninth Circuit s decertification of three separate classes of direct buyer retailers, individual consumers or end-payers and indirect buyer commercial food preparers suing StarKist Co. and Tri-Union Seafoods LLC, which does business as Chicken of the Sea, warrants Fourth Circuit decertification of the wholesaler class, according to a letter brief filed Wednesday.
9th Circuit Vacates Class Certification in Tuna Antitrust Lawsuit lawstreetmedia.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawstreetmedia.com Daily Mail and Mail on Sunday newspapers.
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9th Circ. Unhooks Tuna Cos. From Price-Fixing Class Cert.
Law360 (April 6, 2021, 7:45 PM EDT) The Ninth Circuit on Tuesday decertified three buyer classes in sprawling antitrust multidistrict litigation over the alleged price-fixing of canned tuna, saying statistical evidence can be used to establish who can claim injury, but the district court must first determine the number of uninjured proposed class members.
In a published opinion, a partially split Ninth Circuit panel vacated a California federal judge s order certifying three separate classes of direct buyer retailers, individual consumers or end-payers and indirect buyer commercial food preparers, agreeing with StarKist Co. and Tri-Union Seafoods LLC, which does business as Chicken of the Sea, that the district court.
Another Settlement Reached in Tuna Antitrust Lawsuit lawstreetmedia.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawstreetmedia.com Daily Mail and Mail on Sunday newspapers.