Funeral Casket Antitrust Case Kept Alive By 5th Circ.

Law360, New York (September 13, 2012, 9:37 PM EDT) -- The Fifth Circuit on Thursday mostly affirmed the dismissal of a proposed antitrust class action accusing major casket manufacturers and funeral home chains of conspiring to boycott smaller competitors and overcharge grieving families, but allowed for continued litigation that revives claims of liability and damages.

A divided three-judge panel said a Texas federal court got it right by denying class certification to plaintiffs Funeral Consumer Alliance Inc. and 11 consumers, saying they failed to prove there was a nationwide conspiracy by the companies to boycott independent...
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