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Case Citations [i] (Fall 2023)

handle is hein.ali/aggregate0027 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations PRINCIPLES OF THE LAW OF AGGREGATE LITIGATION CHAPTER 2. AGGREGATE ADJUDICATION TOPIC 3. SCOPE OF PRECLUSION AS A CONSTRAINT ON AGGREGATION § 2.07 Individual Rights in Aggregation of Related Claims C.A.3, 2023. Com. (g) quot. in sup. Retailer sued drywall supplier, alleging that, although plaintiff did not purchase drywall from defendant, defendant caused plaintiff to pay higher prices to its own suppliers by conspiring with third parties to manipulate drywall prices in violation of antitrust laws. After this case was consolidated with class actions filed by direct drywall purchasers against various drywall suppliers, including defendant, in multidistrict litigation that had already been in progress over the past decade, the district court granted defendant's motion to exclude plaintiff's expert testimony on the ground that it ignored prior rulings in the multidistrict litigation. This court vacated and remanded, holding that the doctrine of issue preclusion did not bind plaintiff to preceding events in the multidistrict class actions. The court cited Principles of Aggregate Litigation § 2.07 in clarifying how to consider interests in finality in the context of complex multidistrict cases, and explained that courts could avoid unfairness arising from late-arriving plaintiffs benefitting from the work of early plaintiffs by applying common-benefit fees, through which class counsel was compensated for discovery work done on behalf of the class. Home Depot USA, Inc. v. Lafarge North America, Inc., 59 F.4th 55, 67, 68. COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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