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.

Tab Group

Petition Stage

Cert. petition denied

November 14, 2022

The Supreme Court denied certiorari to resolve split over whether a class may be certified where more than a de minimis number of unnamed class members may be uninjured. The U.S. Chamber filed a brief in support of certiorari, as well as two amicus briefs when this case was before the Ninth Circuit.

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and hold that a class may not be certified where more than a de minimis number of unnamed class members may be uninjured

September 9, 2022

Click here to view the coalition amicus brief. Ashley Parrish, Anne Voigts, and Suzanne Nero of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

The Chamber previously filed two amicus briefs when this case was before the Ninth Circuit.

Case Documents

Ninth Circuit En Banc Opinion -- Olean Wholesale Grocery Cooperative, Inc. v. Bumble-Bee Foods, LLC (Ninth Circuit).pdf

U.S. Chamber Coalition Amicus Brief -- StarKist Co. v. Olean Wholesale Grocery Cooperative, Inc. (U.S. Supreme Court).pdf