ABA Antitrust Law Section Announced EI Principal Philip Nelson Has Been Nominated to Serve on the Section’s Council
On April 20th, the American Bar Association Antitrust Law Section announced that EI Principal Philip B. Nelson, who is currently co-chair of the Section’s Content Committee, has been nominated to serve on the Section’s Council. The Council has general supervision and control of the affairs of the Section.
Third Circuit Upholds Jury Verdict in Favor of Egg Producers
The U.S. Court of Appeals for the Third Circuit upheld a jury verdict in favor of the defendants in a class action involving over $1 billion in claimed overcharges related to an alleged conspiracy to restrict the supply of eggs. On appeal, plaintiffs argued for a per se standard. The Circuit panel affirmed the District Court’s decision noting that “the jury’s finding that the restraints on competition at issue in this case were reasonable is a good indicator that the plaintiffs’ demand for per se liability is off.” EI President Jonathan L. Walker testified on behalf of the egg producers at trial regarding competitive effects.
District Court Rules Against Class Certification in Automobile Insurance Case
A U.S. District Court for the Western District of Oklahoma denied certification to a putative class of automobile insurance policyholders whose vehicles were totaled. Plaintiff challenged the valuation tool used by her insurance company. The Court rejected plaintiff’s argument that Oklahoma law required that settlement be based on NADA value, finding instead that the law required that insurance settlements reflect actual cash value. Consequently, proof of injury would require individualized assessment of actual cash value in light of the loss vehicle’s make, model, model year, mileage, condition, and other factors. EI President Jonathan L. Walker submitted a declaration on defendant’s behalf opposing class certification. King & Spalding LLP represented the defendants.