Search for: "Indirect Purchaser Plaintiffs"
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9 Jun 2008, 6:13 pm
United Shoe Machinery Corp., 392 U.S. 481 (1968), the Supreme Court rejected an offensive use of a pass on theory, in which indirect purchasers allege that they are injured because overcharges were passed on to them. [read post]
23 Jun 2007, 4:00 am
As to the plaintiffs' contention that they were indirect purchasers with antitrust standing under Comes v. [read post]
9 Feb 2012, 6:56 am
"A plaintiff’s status as an assignee did not prevent it from representing the direct-purchaser damages class. [read post]
15 May 2024, 3:13 am
He had purchased the bicycle from a store in Elk Grove Village. [read post]
21 Sep 2010, 6:00 am
In short, since "indirect purchasers" cannot bring federal antitrust claims — even if they were injured by antitrust violations — "indirect purchasers" like third-party payors and retailers have to resort to state law. [read post]
18 Apr 2011, 3:07 pm
”The indirect purchaser plaintiffs unsuccessfully argued that the provision did not apply to foreign air carriers. [read post]
25 Feb 2008, 3:35 pm
“Consequently, when the stockholder relationship is terminated, either voluntarily or involuntarily a derivative plaintiff loses standing to sue because her or she no longer has even an indirect interest in any recovery pursued for the corporation’s benefit. [read post]
28 Nov 2011, 9:41 am
In these two earlier British Columbia decisions, the Court of Appeal set aside the plaintiffs’ earlier certification decisions largely based on the risk that allowing indirect purchaser plaintiffs to proceed may lead to double recovery. [read post]
26 Apr 2018, 12:00 am
Mar. 08, 2018), the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of a securities fraud action brought in a third amended complaint (“TAC”) by James Webb (“Plaintiff”), a member of a class of plaintiffs who purchased shares in SolarCity, against SolarCity Corporation and two of its cofounders, Lyndon Rive and Robert Kelly (collectively “Defendants”). [read post]
13 Apr 2009, 1:00 pm
Judge Wanger disagreed with the CTGC's argument that plaintiffs, indirect purchasers, lacked antitrust standing under Illinois Brick. [read post]
21 Jul 2010, 5:00 am
The natural result of those differences is that there can be no certification of a nationwide class of state indirect purchaser plaintiffs because there is no common question of law or material fact. [read post]
1 Jul 2008, 3:34 am
Because the plaintiffs didn't buy straight from the manufacturers (and also didn't allege that the car dealers conspired with the manufacturers), their status as indirect purchasers deprived them of standing and required dismissal of the case. [read post]
19 Apr 2007, 12:43 pm
This federal court experience with indirect purchaser litigation might lead Congress to repeal Illinois Brick, the Supreme Court's decision barring indirect purchaser cases under the Sherman Act. [read post]
11 Feb 2019, 2:08 pm
That is not an automatic Article III rule; standing was sufficiently alleged.Proximate cause: Monsanto argued that the plaintiffs were at best indirect victims of the allegedly false advertising. [read post]
14 Oct 2010, 7:05 am
Plaintiffs are all purchasers of potatoes – indirect in Wisconsin and California (e.g., consumers and retailers) and direct in Idaho (e.g., wholesalers). [read post]
29 Jul 2010, 8:23 am
It was improper to include in an indirect purchaser class plaintiffs whose claims arose in states that foreclosed indirect purchasers from recovering for price fixing or monopolization. [read post]
30 Jan 2011, 4:50 am
The issue for the plaintiffs in this case was that DDC clearly did not purchase all of GM's assets. [read post]
29 May 2018, 12:07 pm
Plaintiff’s injury from the bottlers was indirect because, as in Lexmark, he was one step removed in the distribution chain. [read post]
31 Jul 2020, 2:19 pm
” The court went on to rule that enforcement of the tour participation agreement’s disclaimer provision with respect to the 93A claims “would be contrary to public policy” and to deny the parties’ cross-motions for summary judgment as to the 93A claims due to disputed facts as to whether the tour operator actually provided all the services purchased by the plaintiffs. [read post]
28 Sep 2015, 12:19 pm
Plaintiffs didn’t have to identify specific third parties with whom they had expectancies, given the allegation of an identifiable class—purchasers of corn, a commodity that is sold in a defined market. [read post]
