· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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