Case Updates
En banc Ninth Circuit holds that a class may be certified even when it includes more than a de minimis number of uninjured class members so long as individualized questions about standing do not predominate over common questions
April 08, 2022
Click here to view the opinion.
U.S. Chamber urges en banc Ninth Circuit to hold that a class action may not be certified if it includes any known uninjured individuals or if there is a possibility that it includes more than a de minimis number of uninjured individuals
September 07, 2021
The coalition amicus brief argued that in no event should an uninjured individual be included in the class at final judgment. Anne M. Voights, Suzanne E. Nero, and Kelly Perigoe of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Ninth Circuit decertifies three classes, concluding that the presence of a large number of uninjured class members defeats predominance and remanding for resolution of factual disputes on the number of such uninjured class members
April 06, 2021
Click here to view the opinion. The U.S. Chamber filed an amicus brief supporting this result.
U.S. Chamber files amicus brief urging Ninth Circuit to decertify class action because many uninjured class members cause individualized issues to predominate
May 22, 2020
Click here to view the Chamber’s amicus brief. Ashley C. Parrish of King & Spalding LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- 23(f) Petition For Permission -- Olean Wholesale Grocery Cooperative, Inc. v. Bumble-Bee Foods, LLC (Ninth Circuit).pdf
- U.S. Chamber Amicus Brief -- Olean Wholesale Grocery Cooperative, Inc. v. Bumble-Bee Foods, LLC (Ninth Circuit).pdf
- Opinion -- Olean Wholesale Grocery Cooperative, Inc. v. Bumble-Bee Foods, LLC (Ninth Circuit).pdf
- U.S. Chamber En Banc Coalition Amicus Brief -- Olean Wholesale Grocery Cooperative, Inc. v. Bumble-Bee (Ninth Circuit).pdf
- En Banc Opinion -- Olean Wholesale Grocery Cooperative, Inc. v. Bumble-Bee Foods, LLC (Ninth Circuit).pdf