7/9/2023 0 Comments Class actio tunaThe 9th Circuit cited similar rulings from other federal circuits in antitrust class actions, including the D.C. The appeals court explicitly held that trial judges may not certify classes that contain more than a minimal number of uninjured class members. The 9th Circuit held that Sammartino should not have certified the class without resolving that discrepancy.Įven more significantly, the 9th Circuit staked out a clear position on the vexatious issue of class certification and uninjured class members. The two models offered wildly different hypotheses on the percentage of class members who were affected by the alleged price fixing: Plaintiffs contended that nearly 95% of tuna purchasers had suffered an antitrust injury, but defendants said nearly 30% were uninjured. District Judge Janis Sammartino abused her discretion by failing to pick between the two sides’ different statistical models on classwide injury. The 9th Circuit panel – Judges Andrew Kleinfeld, Andrew Hurwitz and Patrick Bumatay – decertified the three tuna purchaser classes suing Bumble Bee, StarKist Co, Chicken of the Sea International and other tuna packagers, concluding that U.S. Bumble Bee Foods LLC that three classes of packaged tuna fish purchasers were entitled to rely on their statistical model to establish that common issues predominated in their claims against the tuna companies. Circuit Court of Appeals ruled in Olean Wholesale Grocery Co-op Inc v. Antitrust class action plaintiffs won a battle on Tuesday when the 9th U.S.
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