9th U.S. Circuit Court of Appeals
Aug. 9, 2022
StarKist asks high court review of circuit’s OK of ‘oversized class’
“As today’s filing reiterates, the Ninth Circuit’s divided decision upholding class certification contravenes the decisions of the Supreme Court and other courts of appeals and, as Judge [Kenneth K.] Lee noted in dissent, will invite ‘monstrously oversized’ classes in clear abuse of Rule 23,” of the Federal Rules for Civil Procedure, according to a statement from Latham & Watkins LLP.
Attorneys for canned tuna producer StarKist Co. asked the U.S. Supreme Court on Monday to review a 9th Circuit en banc decision to grant class certification to plaintiffs in a price-fixing suit against the company.
The 9th U.S. Circuit Court of Appeals found that the number of class members who suffered no injury wasn’t high enough to preclude the certification of three classes in an antitrust lawsuit against StarKist and two other companie...
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