1st Circ. Weighs In On Uninjured Class Members Issue

By Alden Atkins and Ryan Will

In nearly every class certification motion in antitrust cases, the parties dispute whether the putative class contains uninjured persons and whether their presence defeats class certification. The parties typically present fact and expert evidence on antitrust injury, and they debate whether the presence of uninjured persons should be fatal to class certification and, if so, how many uninjured class members would defeat class certification.