On February 8, 2023, WLF filed an amicus brief urging the Ninth Circuit to reverse a class-certification order in an important MDL. In multi-district litigation alleging RICO violations, the plaintiffs conceded that Altria was not involved with the alleged enterprise during much of the class period. As WLF’s brief explains, certifying a class under those circumstances ignores Article III’s standing requirement and conflicts with Rule 23’s requirement that common issues predominate over individualized questions. WLF’s brief also explains how the District Court erred by not conducting a full Rule 702 analysis of the plaintiffs’ expert witnesses before certifying the class.
Note: On June 2, 2023, the Ninth Circuit administratively closed the case until August 15, 2023 to allow the parties to finalize a settlement.