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· 1/6/1999

Execu-Tech Business Systems, Inc. v. Appleton Papers Inc.

Citations

  • 743 So. 2d 19
  • 1999 WL 2685

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiffs seeking class certification are required to demonstrate a methodology which would show injury to members of the class in order to satisfy the predominance element of rule 1.220
  • affirming refusal to certify class of fax paper purchasers alleging unfair trade practices since individual issues predominate
  • declining to presume pass-through of overcharges “in indirect purchaser cases due to the evidentiary complexities and uncertainties noted in Illinois Brick”
  • affirming denial of class certification where record supported trial court’s determination that there was “no reasonable methodology for generalized proof of class-wide impact and damages”
  • refusing in indirect purchaser cases to apply a presumption of anti-competitive market injury
  • stating the focus of the evidentiary hearing on predominance and manageability is “whether [plaintiffs] had developed or could develop a methodology to show through generalized, class-wide proof that the price fixing impacted each individual class member”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.