D.C. Circuit Upholds Denial of Class Certification Where Plaintiffs’ Economic Model Showed Uninjured Members

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On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of class certification in In re Rail Freight Fuel Surcharge Antitrust Litigation. With the plaintiffs’ economic model showing no damages for over 2,000 members of the proposed 16,000-member class, the court concluded that common issues did not predominate over the individualized inquiries necessary to determine injury and causation for the class. Therefore, the court held it was within the district court’s discretion to reject class certification for failing to satisfy the requirement of predominance under the applicable federal rule.