Indirect Purchaser Cases In 2017: Key District Court Rulings

Law360, New York (January 8, 2018, 1:07 PM EST) -- As we enter the new year, we review some of the more interesting 2017 court decisions in or affecting the indirect purchaser class action arena and provide practitioners with some key takeaways for 2018 and beyond. As with 2016,[1] there were no major U.S. Supreme Court decisions impacting indirect purchaser claims. Unlike 2016, however, several courts of appeal decisions addressed key issues such as ascertainability, indirect versus direct purchaser status, and 23(b)(3) predominance. Additionally, there were numerous district court decisions addressing pleading motions, class certification in “pay-for-delay” drug cases, class certification of nationwide and multistate class claims based on California’s state...

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