Antitrust & Trade Reg.,
9th U.S. Circuit Court of Appeals
Aug. 4, 2021
9th Circuit will rehear class certification in tuna price-fixing case
They concluded that U.S. District Court Judge Janis L. Sammartino abused her discretion in 2019, when she certified the three classes of consumers without first analyzing conflicting evidence from the parties about how many consumers were harmed by the tuna producers.
The 9th U.S. Circuit Court of Appeals vacated on Tuesday a months-old opinion, which had decertified three classes of consumers accusing Starkist, Chicken of the Sea and Bumble Bee Foods of price fixing.
A majority of non-recused, active judges voted to rehear the case en banc, according to Tuesday's order. The order added that Judges M. Margaret McKeown,
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