Managing Principal Aaron Yeater and Vice President Mark Lewis Publish Law360 Article on Implications of Recent US Supreme Court Decision
May 16, 2016
Analysis Group Managing Principal Aaron Yeater and Vice President Mark Lewis have published an article in Law360 examining how a recent US Supreme Court decision may offer insights for lawyers and experts considering how to address certification of a broad array of classes, including purchasers allegedly harmed by anti-competitive conduct.
In “Donning and Doffing Damages: Tyson Takeaways for Antitrust,” the authors write that in Tyson Foods Inc. v. Bouaphakeo et al., the Court's decision generally approved the use of statistical techniques to satisfy questions for class certification. However, several questions relevant to class certification in antitrust law remain unanswered, and the Chief Justice's concurring opinion in particular may present new challenges that plaintiffs, defendants, and courts must address.
“While the court's focus in Tyson was on unpaid wages,” the authors write, “the court's reasoning on these issues offers guidance for plaintiffs and defendants contemplating analysis of antitrust damages for a putative class.”