The 3rd Circuit has vacated a lower court's decision to certify a class action over an alleged price-fixing conspiracy, finding the judge had erred by failing to conduct a sufficiently "rigorous analysis" before concluding that the proposed class would be able to prove "antitrust impact" through common rather than individual evidence. The circuit found the judge appeared to have erred by accepting the testimony of the plaintiffs' expert witness without considering the contradictory testimony of the defense expert.
3rd Circuit Remands Price-Fixing Class Action
The Legal Intelligencer
December 31, 2008