Olean Wholesale Grocery Cooperative, Inc. v. Bumble-Bee Foods, LLC

U.S. Court of Appeals for the Ninth Circuit

Tab Group

Merits Stage

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 8, 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 7, 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 6, 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