Private Damages Activity Continues To Escalate Across Key Jurisdictions

Across key jurisdictions, the "gatekeeping" phase in collective redress—whether certification or collective authorization—continues to define who gets into court and on what terms, with materially different thresholds shaping claimant leverage.

Access to collective redress: divergent gatekeeping standards

U.S. courts have reinforced that a lack of commonality and predominance of an issue between class members can be a major barrier to class certification. In both In re Keurig Green Mountain Single Serve Coffee Antitrust Litig. and Miami Products & Chemical Co. v. Olin Corp., federal courts in New York held that a record showing that plaintiffs and defendants engaged in individual price negotiations meant that individual issues predominated over common ones for the proposed class.