United States Second Circuit

The district court's decision certifying a nationwide class of 75,000 cost-plus customers of defendant, the country’s second largest food distributor, on claims pursuant to the Racketeer Influenced and Corrupt Organizations Act and state law, alleging fraudulent overbilling, is affirmed, where the district court: 1) conducted a rigorous analysis of the Fed. Rule Civ. Pro. 23 requirements; and 2) did not abuse its discretion in determining that common issues of fact and law would predominate over individualized issues and that a class action is a superior mechanism for litigating these claims.

Appellate Information

• Decided 08/30/2013
• Published 08/30/2013

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel