Ninth Circuit Serves Up A Decision In Big Tuna Case

Key Takeaway(s):

1. District courts need only determine whether plaintiffs' evidence proves that a common question is capable of class-wide resolution.
2. There is no per se rule preventing certification of a class that includes more than a de minimis number of uninjured class members. 

In Olean Wholesale Grocery Co-op Inc v. Bumble Foods LLC, No. 19-56514 Dkt. No. 186-1 (9th Cir. Apr. 8, 2022), an en banc Ninth Circuit panel overturned a previous Ninth Circuit decision in this litigation, finding that the district court did not abuse its discretion in certifying three classes of purchasers in their price fixing case against the three largest American producers of packaged tuna.