Third Circuit Levels Playing Field for Defendants Opposing Class Certification

January 05, 2009
In a watershed ruling, the U.S. Court of Appeals for the Third Circuit recently vacated class certification in In re Hydrogen Peroxide Antitrust Litigation (MDL 1682) and clarified the standard for district courts to fairly consider evidence opposing class treatment under Federal Rule of Civil Procedure 23. Dechert played a critical role in developing the defendants’ economic evidence on which the decision turned. This update examines the court’s decision, which reverses a trend in the Third Circuit that favored plaintiffs seeking class certification.