Illinois Brick bars federal damages claims by indirect purchasers, but most states have enacted repealer statutes permitting them under state law. ARC America confirmed that federal law does not preempt these statutes.
Multistate classes raise choice of law issues.
Alternative Names:
Indirect Purchaser Claims|Repealer State Claims
Why it Matters?
Choice of law is the principal certification obstacle in multistate indirect purchaser classes, since applying the laws of many repealer states with differing elements and remedies creates manageability problems that defeat predominance. Plaintiffs respond by proposing state subclasses or limiting to a few jurisdictions. Pass-on proof requirements also vary, with some states requiring individualized tracing through the distribution chain.
Frequently Confused with
Related terms
Frequently asked questions
What is the principal certification obstacle?
How do plaintiffs respond?
