In an interlocutory appeal, the defendants challenged the certification of a statewide plaintiff class in a price-fixing case brought under Wisconsin law. The Seventh Circuit considered whether the district court had a sound basis for concluding that common issues predominated over individual issues so that class certification was appropriate even thought the district court did not address conflicting expert testimony on the issue of antitrust impact. The Seventh Circuit ultimately concluded that the district court was required to engage more fully with conflicting evidence to decide on the question of class certification and vacated and remanded for further consideration on that issue, noting that class certification may be proper. (SYKES and BRENNAN, concurring)
Federal 7th Circuit Court
Civil Court
Class Certification