Lithium Antitrust

9th Circuit: Trial judge must rethink nationwide indirect purchasers’ class deal

Frank said in an email that the problem with Judge Rogers' previous ruling was not that the judge didn't explain her reasoning but that her reasoning "was just legally wrong." He said he's waiting to see what plaintiffs' lawyers from Lieff Cabraser Heimann & Bernstein – who defended the lithium ion settlements at the 9th Circuit – do next. "We're still evaluating our options," he said. "It would be odd to move for rehearing of a decision I just won. Then again, I've been known to be odd."

9th Circuit: Trial judge must rethink nationwide indirect purchasers’ class deal

9th Circ. Judge Sees ‘Obvious Error’ In $45M Battery Deals

All three judges sitting on the panel expressed doubts about the settlements' approval. Aside from Judge Bybee’s comments, U.S. Circuit Judge M. Margaret McKeown said the judge’s order approving the settlements was “conclusory,” and Judge McKeown expressed concerns that Judge Gonzalez Rogers didn’t explain her reasoning for finding that the deals were fair.

9th Circ. Judge Sees ‘Obvious Error’ In $45M Battery Deals

Class Settlement Flaw Exposed in Case Over Smart Phone Batteries

Bloomberg Law discusses our ninth-circuit appeal in the lithium ion antitrust litigation: A possible vehicle for federal courts to revisit the inconsistent treatment comes in an appeal to the U.S. Court of Appeals for the Ninth Circuit by a class action advocacy group. The Center for Class Action Fairness is seeking to undo an October 2017 settlement in In Re: Lithium Ion Batteries Antitrust Litigation, a multi-district lawsuit on a price-fixing…

Class Settlement Flaw Exposed in Case Over Smart Phone Batteries
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CCAF Appeals Lithium Ion Batteries Antitrust Settlement

The Center for Class Action Fairness filed its opening brief in an appeal of the settlement in In re Lithium Ion Batteries Antitrust Litigation today, arguing that the Ninth Circuit should decertify the class and reverse the settlement approval. The settlement in this antitrust price-fixing case unlawfully reduces the recovery of class members who have stronger claims than others. In this type of settlement, relief distributed pro rata to a nationwide class is a false justice…

CCAF Appeals Lithium Ion Batteries Antitrust Settlement

Lithium Case Unfairly Groups Nationwide Class Together

The settlement in this antitrust price-fixing case unlawfully reduces the recovery of those class members who have stronger claims than others. In this type of settlement, relief distributed pro rata to a nationwide class is a false justice because those with legitimate claims receive less relief than they deserve while class members with no legal claim stand to receive an undeserved windfall.

Lithium Case Unfairly Groups Nationwide Class Together
Image credit: Uwe Hermann

Lithium Ion Batteries Antitrust Litigation

CCAF objects to settlement in antitrust price-fixing case which includes a nationwide class indirect purchasers of lithium ion batteries in a variety of electronic equipment. Only about 26 states provide a cause of action for such indirect purchasers, however, so recovery to those class members will be diluted by payments to claimants without meritorious claims.

<em>Lithium Ion Batteries Antitrust Litigation</em>
Image credit: Uwe Hermann
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