Katherine Weaver discusses the Ninth Circuit's refusal in Olean v. Bumble Bee Foods LLC "to adopt a per se rule prohibiting class certification when the putative class contains more than a de minimis number of uninjured class members" and concludes that "lower courts grappling with this issue in the future should take into account the Seventh Circuit’s opinion in Mussat v. IQVIA, Inc." and treat classes as an "entity."
Tag: class actions
Professor Adam S. Zimmerman critiques the Federal Circuit's holding in Skaar v. McDonough that the Veterans Court's 2020 class action rule allowed as class members only those veterans who had exhausted the appeals process at the VA at the time of class certification.