Legal Opinion
In Re Hydrogen Peroxide Antitrust Litigation
Court of Appeals for the Third Circuit
Decided January 16, 2009No. 07-1689PublishedCited by 552 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Chief Judge.
At issue in this antitrust action are the standards a district court applies when deciding whether to certify a class. We will vacate the order certifying the class in this case and remand for proceedings consistent with this opinion.
In deciding whether to certify a class under Fed.R.Civ.P. 23, the district court must make whatever factual and legal inquiries are necessary and must consider all relevant evidence and arguments presented by the parties. See Newton v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 259 F.3d 154, 166, 167 (3d Cir.2001)…
2Cases cited49 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- Koon v. United StatesSupreme Court of the United States · 1996
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3Cited by552 opinions
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- Marcus v. BMW of North America, LLCCourt of Appeals for the Third Circuit · 2012
- Sullivan v. DB Investments, Inc.Court of Appeals for the Third Circuit · 2011
- Crystal Byrd v. Aaron's IncCourt of Appeals for the Third Circuit · 2015
- Victor Zavala v. Wal Mart Stores IncCourt of Appeals for the Third Circuit · 2012
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