In the article, “Residual Doubts: Carving Up Common Impact in the Turkey Class Certification Decision,” published by the American Bar Association (ABA), CRA’s Bac Tran and Courtney Stoddard examine the January 2025 decision in the Northern District of Illinois, granting certification of two classes seeking recovery from commercial turkey processor defendants. This decision follows a string of certification decisions in class-action antitrust cases targeting protein industry defendants.
Two important issues that arose in the case were related to the question of uninjured class members and the in-sample prediction method used by plaintiffs’ experts to show that all or nearly all class members were impacted by the alleged conduct. The authors explore the analyses presented by the parties’ experts relating to the question of uninjured class members, including the in-sample prediction method.
