Antitrust Litigation, Class Certification, Appeals

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

Bennett Jones LLP on 5/27/2025

A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

Fourth Circuit Affirms Denial Of Class Certification In Coupon Services Price Fixing Case

A&O Shearman on 3/11/2025

On February 12, 2025, the Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the Middle District of North Carolina not to grant class certification in a 17-year-old lawsuit accusing...more

First Circuit Revives Privacy Class Action Based on Injury and Predominance

Pierce Atwood LLP on 10/1/2024

This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and...more

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

Pierce Atwood LLP on 7/27/2023

Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the...more

Ninth Circuit Clarifies Class Certification Standards in Antitrust Appeal

Jones Day on 4/12/2021

The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members...more

Third Circuit: “Rigorous Analysis” Required for Class Certification in Antitrust Cases

McDermott Will & Emery on 5/4/2020

The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient....more

Third Circuit Demands Rigorous Analysis of the Predominance Requirement for Class Certification in Pharmaceutical Antitrust Case

Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2020

On April 22, 2020, the Third Circuit Court of Appeals vacated and remanded an order certifying a class of direct purchaser plaintiffs in In re: Lamictal Direct Purchaser Antitrust Litigation, holding that the district court...more

Antitrust Litigation › Class Certification › Appeals

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

Fourth Circuit Affirms Denial Of Class Certification In Coupon Services Price Fixing Case

First Circuit Revives Privacy Class Action Based on Injury and Predominance

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

Ninth Circuit Clarifies Class Certification Standards in Antitrust Appeal

Third Circuit: “Rigorous Analysis” Required for Class Certification in Antitrust Cases

Third Circuit Demands Rigorous Analysis of the Predominance Requirement for Class Certification in Pharmaceutical Antitrust Case

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Third Circuit Decertifies Class on Numerosity Grounds, Listing Relevant Factors for the First Time

Use of Expert Testimony at Class Certification Stage Addressed By Third Circuit

First Circuit Upholds Class Certification in Nexium Indirect Purchaser Case

Antitrust Litigation › Class Certification › Appeals

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