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ACT webinar series: Global Private Antitrust Litigation

Freshfields Bruckhaus Deringer LLP

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European Union, Global, United Kingdom, USA July 5 2019

Class Certification Requirements

Can a class be certified if it contains some members who have suffered no injury?

  • D.C. Circuit: “All” class members must be injured for class to be certified.
  • Seventh Circuit: Class can be certified as long as a “great many” class members are not injured, and 2.4 percent is not too many.
  • First Circuit: Class cannot be certified when “defendant will have no opportunity to press at trial genuine challenges to allegations of injury-in-fact,” and defendant will not have such an opportunity when 10 percent of class members are not injured.
Freshfields Bruckhaus Deringer LLP - Jennifer Mellott, Nicholas Frey, Juliane Ziebarth and Andrew Ewalt
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  1. Class Certification Improper Where 10 of Class Members Uninjured, Explains the First Circuit * - USA
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