The Impact of Tyson Foods v. Bouaphakeo on Antitrust Class Actions

By Aaron M. Panner & Rachel P. May –

Tyson Foods was a recent “donning and doffing” case at the U.S. Supreme Court involving whether an employer had failed to compensate employees for time spent putting on and taking off protective gear. The case presented questions of potentially enormous importance for class-action litigation generally as well as antitrust class actions. The judgment in this case is likely to reinforce the trend among the courts of appeals to uphold class certification in price-fixing cases, laying to rest the argument that the use of statistical evidence to establish injury is categorically impermissible in class actions.