Civil Litigation,
Antitrust & Trade Reg.
Nov. 17, 2021
How much is too much? Olean and the problem of uninjured class members
How to evaluate defense arguments that a proposed class includes uninjured class members is a question federal courts have been mulling for several years now. The 9th U.S. Circuit Court of Appeals may be on the precipice of issuing guidance on how to resolve it.





How to evaluate defense arguments that a proposed class includes uninjured class members is a question federal courts have been mulling for several years now. In Olean Wholesale Grocery Cooperative v. Bumble Bee Foods (19-56514), the 9th U.S. Circuit Court of Appeals may be on the precipice of issuing guidance on how to resolve it.
The District Court ...
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