Third Circuit Requires District Courts to Make Findings that Each Element of Rule 23 is Met Before Granting Class Certification
16 January 2009
Mayer Brown Legal Update
The US Court of Appeals for the Third Circuit recently clarified the standard of proof necessary to permit class certification. In In re: Hydrogen Peroxide Antitrust Litigation, No. 07-1689 (3d Cir. Dec. 31, 2008), the Third Circuit vacated a district court's decision to certify a class in a significant antitrust lawsuit, and held that the lower court had failed to resolve disputed issues concerning whether each requirement of Federal Rule of Civil Procedure 23 had been satisfied.