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 Olean Wholesale Grocery Cooperative, Inc....more
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. Recently,...more