9th Circ. Nixes Cert. Appeal In Toshiba Antitrust Action

Law360, New York (June 30, 2011, 7:30 PM EDT) -- The Ninth Circuit refused on Tuesday to hear an appeal by consumer plaintiffs in an antitrust suit against Toshiba Corp. and others over flash memory chips, letting stand a lower court's denial of certification of an indirect purchaser class.

The plaintiffs, who claimed that the defendants fixed prices for certain flash memory chips, argued in an April petition to the appeals court that the refusal of class certification was a “death knell” for their case. Their proposed class included large numbers of indirect purchasers who bought...
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