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Antitrust & Trade Reg.,
9th U.S. Circuit Court of Appeals

Oct. 31, 2022

Starkist says circuit must address antitrust class dispute

Gregory G. Garre, a Latham & Watkins LLP partner who represents StarKist, wrote in a reply brief filed last week that the 9th Circuit en banc panel's incorrect decision is not just limited to the price-fixing class action against his client but is being cited in other cases.

The 9th U.S. Circuit Court of Appeals wrongly certified several classes of tuna buyers, creating a circuit split and allowing plaintiffs who weren't damaged to create "outsized classes" to pressure large settlements, an attorney for tuna company StarKist Co. argued.

Gregory G. Garre, a Latham & Watkins LLP partner who represents StarKist, wrote in a reply brief filed last week that the 9th Circuit en banc panel's incorrect decision is n...

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