In what has already become an influential and highly cited decision, the U.S. Court of Appeals for the Third Circuit issued a sweeping opinion announcing clear standards for class certification, including the requirement that district courts resolve expert disputes related to the class certification inquiry before certifying a class. In re Hydrogen Peroxide Litig., 552 F. 3d 305 (3d Cir. 2008), likely will have significant impact on all class action litigation far beyond the antitrust context of the case, including in employment discrimination class claims.
Just last month, the Third Circuit applied Hydrogen Peroxide in reversing a district court’s granting of class certification in an employment discrimination claim brought under the Americans with Disabilities Act. See Hohider v. United Parcel Service Inc., No. 07-4588, 2009 WL 2183267, at *19 (3d Cir. July 23, 2009). This opinion may be given even greater weight because it was authored by Chief Judge Anthony Scirica, who has been extensively involved with the reform of Rule 23 of the Federal Rules of Civil Procedure.
District Court’s Holding
