NEWS ALERT:
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.