StarKist Co. v. Olean Wholesale Grocery Cooperative, Inc.

U.S. Supreme Court

Question(s) Presented

1. Whether, and in what circumstances, the presence of uninjured class members precludes the certification of a class under Federal Rule of Civil Procedure 23(b)(3).

2. Whether, and in what circumstances, a plaintiff may rely on representative evidence such as averaging assumptions to establish classwide proof of injury to satisfy Rule 23’s requirements. 

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