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Antitrust Litigation Predominance Requirement Damages

Kilpatrick

New York federal court denies class certification for antitrust plaintiffs for the second time on predominance grounds

Kilpatrick on

For the second time, a New York federal district judge denied a motion for class certification filed by caustic soda purchasers, ruling that the plaintiffs had failed to meet the predominance requirement under Federal Rule of...more

Kilpatrick

Ninth Circuit: California antitrust law does not apply to the claims of a nationwide class

Kilpatrick on

Takeaway: Consumer class actions primarily target a damages remedy. In the antitrust context, state antitrust law provides the path to damages for indirect purchasers, because federal antitrust law bars indirect purchaser...more

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