Kleen Products LLC v. International Paper Co.

Federal 7th Circuit Court
Civil Court
Class Action
Citation
Case Number: 
Nos. 15-2385 & 15-2386 Cons.
Decision Date: 
August 4, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting plaintiffs’ request for class action certification under Rule 23 in Sherman Act action alleging that defendants (producers of containerboard) agreed to restrict supply of containerboard by various means including coordinated price increases that caused plaintiffs to pay more for containerboard from February 15, 2004 through November 8, 2010, and defendants conceded that plaintiffs satisfied typicality, commonality and adequacy requirements for establishment of class action. Moreover, plaintiffs presented sufficient evidence with respect to predominance element, i.e., whether proposed class was sufficiently cohesive to warrant adjudication by class action, since plaintiffs presented extensive evidence that: (1) conspiracy existed among defendants that produced aggregate injury and aggregate overcharge; and (2) containerboard market was subject to cartelization. Expert also presented evidence indicating feasibility of estimating damages on class wide basis. Fact that certain class members signed prior releases with defendants or that defendants could raise contract defenses with small number of class members did not defeat plaintiff’s claim that class action was superior device for resolving merits of case.