Tom Flesher, ‘Variable Standards: How Many Uninjured Class Members Are Acceptable?’, 40 Touro Law Review 287 (2025). How many uninjured plaintiffs are too many? The question – which arises across class action litigation, from consumer to employment cases – sounds simple. But as Tom Flesher demonstrates in his student note, federal courts cannot agree on an answer. Flesher’s note centers on Olean Wholesale Grocery Cooperative, Inc v Bumble Bee Foods LLC, a price-fixing case that is hard not to love as a teaching vehicle precisely because the facts are so clean. The defendants were the three largest canned tuna producers in the nation, two of whom had already pled guilty to federal criminal charges; none seriously disputed wrongdoing … (more)
[Christine Bartholomew, JOTWELL, 20 July 2026]
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