On August 5, 2024, the Ninth Circuit dismissed the appeal of a class-certification order after the parties settled. 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. WLF filed a brief explaining that certifying a class under those circumstances ignored Article III’s standing requirement and conflicted with Rule 23’s requirement that common issues predominate over individualized questions. WLF’s brief also explained how the District Court erred by not conducting a full Rule 702 analysis of the plaintiffs’ expert witnesses before certifying the class.
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