Update April 2009: The plaintiffs have proposed settlements with all defendants. Interestingly, one defendant settled for zero dollars with a pledge to help the plaintiff secure settlements against the other defendants.
In In re: Hydrogen Peroxide Antitrust Litigation, the Third Circuit remanded a decision certifying the class, instructing the district court to conduct a more thorough inquiry. The court held that although the district court has discretion to decide whether to certify a class, it erred in three ways:
1) in holding that a plaintiff need only make a threshold showing the group claims predominate;
2) in holding that the importance of private antitrust enforcement suggested that when in doubt a court should favor class certification; and
3) in failing to assess the credibility of the expert testimony on class certification issues.