Sixth Circuit Rejects Certification of Negotiation Class as Unauthorized by Rule 23
On September 24, 2020, a divided panel of the Sixth Circuit rejected a trial court’s novel attempt to use Rule 23 to create a class for negotiation purposes only. In re: Nat’l Prescription Opiate Litig., ___ F.3d ___, 2020 WL 5701916 (6th Cir. Sept. 24,… Read More
Canada Allows Antitrust Indirect-Purchaser Suits and Loosens Class Certification Tests
Canada’s Supreme Court, in three decisions announced on October 31, parted ways with the U.S. Supreme Court on antitrust indirect-purchaser suits and the standards for class certification. Under these decisions, Canadian consumers who buy from a store or dealer can sue an upstream manufacturer for… Read More