Sixth Circuit Denies Petition To Appeal Class Certification In A Purported $1.7 Billion Compensation Suppression Antitrust Case

The U.S. Court of Appeal for the Sixth Circuit recently rejected the Defendant’s petition in In Re VHS of Michigan, Inc., dba Detroit Medical Center, No. 14-0107, 2015 U.S. App. LEXIS 1816 (6th Cir. Feb. 3, 2015), to appeal the order to certify a class estimated to exceed 20,000 registered nurses in a compensation suppression antitrust case. Although short and not recommended for full-text publication, the opinion raises important issues related to the development of class certification law following the Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), and the extent to which class representatives may forgo potential damages available to the class in order to achieve class certification.

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