Plaintiffs Face High Class Cert. Bar In Antitrust Cases

Law360, New York ( February 8, 2016, 5:19 PM EST) -- In Amchem Products Inc. v. Windsor, the U.S. Supreme Court clearly stated that to certify a class seeking damages under Federal Rule 23(b)(3), a court's "inquiry trains on the legal or factual questions that qualify each class member's case as a genuine controversy."[1] In other words, courts must consider whether, through common evidence, plaintiffs can demonstrate whether each and every class member was in fact injured by the challenged conduct. This simple conclusion flows directly from a fundamental precept of U.S. law — standing....

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