'Stick To Facts,' Phone Buyers Told In Qualcomm Cert. Appeal

Law360 (December 3, 2019, 10:34 PM EST) -- Phone buyers fighting to preserve a certified antitrust class action against Qualcomm faced heavy static Monday from a Ninth Circuit judge worried that 250 million class members strain the limits of due process, especially when their claims are based on statistical analysis.

U.S. Circuit Judge Ryan D. Nelson pressed the class particularly hard during arguments before a three-judge panel even as he seemed open to establishing a smaller class limited to California or perhaps the Golden State and those states that have passed laws circumventing the prohibition on federal antitrust damages claims for indirect buyers.

Judge Nelson had little patience for...

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