New First Circuit class certification decision: In re New Motor Vehicles Canadian Export Antitrust Litigation

In In re New Motor Vehicles Canadian Export Antitrust Litigation, ___ F.3d ___, 2008 WL 820922 (1st Cir. Mar. 28, 2008), the First Circuit reversed (without prejudice) an order granting class certification of state-law antitrust claims. It is an interesting opinion because it tackles the extent to which merits issues may be resolved at the class certification stage and talks about differing law of the federal circuits on that issue. (See this blog post for more.) One judge dissented, and I must say I agree with that judge's observation that the majority opinion itself acknowledges that the key liability questions are common to the class. Slip op. at 58, 60. Perhaps a petition for en banc rehearing will be filed. [Via How Appealing.]