The US Court of Appeals for the Third Circuit clarifies class certification standard (Hydrogen Peroxide Antitrust Litigation)

In re Hydrogen Peroxide Antitrust Litigation Bleaches Clean the Class Certification Standard* With its December 30, 2008, decision in In re Hydrogen Peroxide Antitrust Litigation, [1] the Third Circuit joins a growing list of U.S. Courts of Appeals that have clarified the responsibilities that district courts face in determining the suitability of a claim for class treatment. The features that distinguish the Hydrogen Peroxide opinion from the decisions by the Seventh Circuit in Szabo, [2] the Second Circuit in Initial Public Offerings [3] and the First Circuit in Canadian Export [4] are: (1) the unambiguous instructions it gives district courts as to the degree of fact finding necessary under Rule 23 of the Federal Rules of Civil Procedure; (2) its rejection of the “battle of

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Authors

  • Haynes and Boone (Washington)
  • FSG - Finance Scholars Group

Quotation

Richard A. Ripley, Marck Glueck, The US Court of Appeals for the Third Circuit clarifies class certification standard (Hydrogen Peroxide Antitrust Litigation), 30 December 2008, e-Competitions Bulletin US Private Enforcement, Art. N° 60848

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