|
Defendants in the case involving alleged collusion in pricing applicable to Washington State established an agreement that would have reduced the quantum of damages by spreading liability. Plaintiffs including Target, Campbell Soup and others claimed that the agreement was unlawful. In May 2022 U.S. District Judge Thomas Durkin rejected the Plaintiff's challenge and ruled that the agreement did not diminish their ability to claim damages. Accordingly, Target and other plaintiffs appealed to the 7th Circuit to set aside the ruling. The appeal to consider the order by Judge Durkin was denied on jurisdictional grounds since litigation was ongoing. The most recent appeal to SCOTUS was denied certiorari presumably on similar grounds.
It is noted that the litigation is in part supported by a funder, Burford Capital, ensuring continued and intensive pressure on the Defendants to settle.
|