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Predominance Requirement FRCP 23(b)(3) Evidence

Kilpatrick

New York federal court denies class certification for antitrust plaintiffs for the second time on predominance grounds

Kilpatrick on

For the second time, a New York federal district judge denied a motion for class certification filed by caustic soda purchasers, ruling that the plaintiffs had failed to meet the predominance requirement under Federal Rule of...more

Robinson+Cole Class Actions Insider

Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

On August 30, 2021, the U.S. Court of Appeals for the First Circuit issued a decision in Bais Yaakov of Spring Valley v. ACT, Inc. that addresses how plaintiffs can satisfy the predominance requirement in federal class...more

McGuireWoods LLP

Ninth Circuit Stresses District Court’s Duty to Weigh Competing Expert Evidence at Class Certification

McGuireWoods LLP on

The Court of Appeals for the Ninth Circuit issued a decision recently in Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC (“Olean Wholesale”), confirming that district courts must rigorously examine competing...more

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