Fond Du Lac Bumper Exchange Inc., et al. v. Jui Li Enterprise Company Ltd. et al.
In 2009, Plaintiffs filed a Complaint on behalf of a proposed class of purchasers of aftermarket automotive sheet metal parts citing allegations of price-fixing behavior.
Counsel for the Plaintiffs retained Dr. Russell Lamb to analyze whether all proposed class members were injured as a result of the alleged misconduct. He was also asked to analyze if it is possible to measure class-wide damages suffered by the proposed class as a result of the alleged misconduct without resorting to individual inquiry and, if so, the amount of these damages.
Dr. Lamb filed two Affidavits concerning data issues; three Expert Reports concerning class certification and damages issues, and one Expert Report concerning merits and damages issues. Dr. Lamb also testified at deposition twice in connection to this matter.
In 2016, the Court certified the class in this matter, relying in part on Dr. Lamb’s analysis of class-wide issues: “In sum, Lamb’s analysis and conclusions regarding common impact appear to be sound. He looked at evidence common to the class and performed a multiple regression analysis to determine that anti-competitive conduct would have affected prices generally. He did this by factoring out all variables which may affect price except the anti-competitive conduct and comparing the actual price paid with the price customers would otherwise have paid. From this, he was able to determine that anti-competitive conduct would have artificially raised prices.”