Plaintiff Left Shopping for Claims After Merger: D.C. Court Denies Class Certification

February 13, 2012
In its recent decision in Kottaras v. Whole Foods Market, Inc., the U.S. District Court for the District of Columbia denied class certification to a plaintiff seeking to represent consumers alleged to have been harmed by Whole Foods’ acquisition of Wild Oats Market. The case is noteworthy because it is part of a recent trend by the class action bar to attempt to attack mergers, and it represents another court adopting the rigorous scrutiny required by In re Hydrogen Peroxide of motions for class certification. This update examines the opinion and its focus on the rigorous analysis required at the class certification stage.