Expert evidence commonly plays an important role in class certification determinations. On August 5, the Seventh Circuit addressed this issue, holding that in a proposed antitrust class action, the district court erred in certifying a class when it failed to engage with conflicting expert evidence regarding antitrust impact that could have established lack of predominance.
The case, Arandell Corp. v. Xcel Energy Inc., — F.4th —, 2025 WL 2218111 (7th Cir. 2025) was a long-running natural gas price fixing case. Plaintiffs moved to certify a Rule 23(b)(3) class. They argued that common questions of law or fact predominated, including “whether the class paid higher prices for natural gas[.]” Id. at *4. Plaintiffs and defendants had competing experts on the predominance issue as it related to impact. Id. Continue Reading District Courts Must Address Conflicting Expert Evidence to Certify Antitrust Class Action, Seventh Circuit Rules
