9th U.S. Circuit Court of Appeals
Apr. 7, 2021
9th Circuit tailors definition of a class
The federal appeals court said it would not establish a bright line rule for how to determine whether “substantially all” members of a potential class suffer the same harms but that the percentage of a group’s members who aren’t suffering the same harms as the others must be minimal.
In order to certify a group of plaintiffs as a class, courts must confirm that "substantially all" the potential class members share common legal issues, the 9th U.S. Circuit Court of Appeals ruled Tuesday.
The opinion concerned a high profile antitrust case in which three U.S. producers of packaged tuna that have since been subject to criminal charges -- Starkist, Chicken of the Sea, and Bumble Bee Foods -- were accused of a price f...
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