In response to a series of questions posed by the Third Circuit, AAI filed a further amicus brief in the rehearing en banc of an appeal from the approval of a class action settlement. The brief highlights the difference in the standards for certifying a class for settlement purposes rather than for trial. It also argues that differences in state indirect purchaser laws, or the weakness of the claims of class members in certain states, should not preclude class certification.
The brief was written by AAI Advisory Board Members Josh Davis, Eric Cramer, and Dan Gustafson, with the help of Andrew Curley.