Antitrust class actions: Ninth Circuit rules that predominance “cannot be outsourced to a jury”
By EsqSocial Corporation 03/05/21
Takeaway: We have posted a number of articles about whether Rule 23’s predominance requirement can be satisfied when a proposed class includes uninjured class members. See, e.g., D.C. Circuit denies class certification where putative antitrust class includes uninjured class members (Aug. 30, 2019), and First Circuit addresses an issue that continues to vex (and split) the circuits: should a class be certified that includes uninjured class members? (Oct. 24, 2018). The Ninth Circuit added to...
By: Kilpatrick Townsend & Stockton LLP