Split 9th Circuit Vacates Class Certification In Tuna Price-Fixing Case

Mealey's (April 7, 2021, 1:56 PM EDT) -- PASADENA, Calif. — A divided Ninth Circuit U.S. Court of Appeals panel on April 6 vacated certification of three purchaser classes in a lawsuit accusing tuna producers of engaging in an antitrust conspiracy and remanded with instructions to resolve factual disputes regarding the number of members in each proposed class who were not injured before determining predominance, which must be established “by a preponderance of the evidence.”...