Antitrust Litigation, FRCP 23, Appeals

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

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

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

Troutman Pepper Locke on 9/16/2016

The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit. On September 13, a divided panel of the U.S. Court of Appeals for...more

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

Robinson & Cole LLP on 4/22/2015

The Third Circuit recently joined the Seventh, Eighth, and Ninth Circuits in holding that, where a Daubert challenge is made to the use of expert testimony in support of class certification, the Daubert challenge must be...more