In this issue:
Courts and authorities—both in the United States and Europe—have muddied the waters regarding various class issues. To try to clear things up a bit, we first asked two groups of authors—Donald Falk, Archis Parasharami, & Marcia Goodman and Jay Himes & William Reiss—to look at the 9th Circuit’s Dukes decision, which conflicts with several other circuit decisions. Robert O’Donoghue then examines recent developments in multi-party litigation in the United Kingdom and, finally, Aidan Synnott & Dan Crane analyze the U.S. Supreme Court’s recent Shady Grove decision. And since we’re very proud that a CPI Antitrust Chronicle article by Brian Kennelly was cited in the recent U.K. COA decision on Cooper Tire, we’ve asked Ruchit Patel to explain that case’s significance. Hope you’re all having a wonderful summer!
Class Issues: An Update
Dukes v Wal-Mart Stores: En Banc Ninth Circuit Lowers the Bar for Class Certification and Creates Circuit Splits in Approving Largest Class Action Ever Certified
Because Dukes lowers the bar to class certification in the Ninth Circuit, businesses that may be targeted by antitrust class actions should be prepared to face more litigation there, and should be sure to preserve important issues for potential Supreme Court review. Donald M. Falk, Archis A. Parasharami, & Marcia E. Goodman, Mayer Brown