#145 What's the Harm? The Role of Uninjured Class Members in Class Certification.

Class certification has become increasingly complex, as courts try to define the class as precisely as possible. But what happens if the methodology that is supposed to define the class yields members who appear to have no injury? Katie Benson, a plaintiff's attorney with significant experience in class certification, joins John Roberti and Melissa Maxman to grapple with the question about what lines to draw around class members that appear to be uninjured. Listen to this episode to learn more about the complexity and subtlety of class certification. Related Links: In re Rail Freight Fuel Surcharge Antitrust Litig., 934 F.3d 619 (Aug. 30, 2019) In re Asacol Antitrust Litig., 907 F.3d 42 (1st Cir. 2018) Hosted by: Melissa Maxman, Cohen & Gresser LLP and John Roberti, Allen & Overy LLP