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Quality Auto Painting Ctr. of Roselle, Inc. v. State Farm Indem. Co.
On April 6, 2018, the Eleventh Circuit granted rehearing en banc in a consolidated appeal of MDL litigation brought by auto-body-shop plaintiffs claiming that defendant insurers violated the Sherman Act by conspiring to fix prices for body-shop repairs. The decision was a victory for WLF, which filed a brief in the case urging en banc rehearing. As WLFís brief explained, the panelís decision, if allowed to stand, would allow an antitrust complaint to allege mere parallel conduct among competitors as a sufficient basis for pleading an illegal agreement among those competitor defendants. Given the great uncertainty such a rule would create for market participants and other stakeholders, WLF urged the Eleventh Circuit to vacate the panelís decision in light of the Supreme Courtís decision in Twombly v. Bell Atlantic Corp., which emphasized the need for plaintiffs to assert more than mere parallel conduct among competitors to adequately plead an antitrust conspiracy.
Case Status:
Rehearing en banc granted; oral argument on the merits set for week of October 22, 2018.
More Information and Downloads:
10/4/2017: Download the Brief

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