The U.S. Court of Appeals for the Eleventh Circuit once again found in favor of the insurance defendants in the antitrust multi-district litigation (MDL) — In re Auto Body Shop Antitrust Litigation in cases originating from Utah, Indiana, and Mississippi. This marks the second win for Holcomb Dunbar’s clients in these consolidated actions filed across the nation.
Auto repair shops alleged numerous insurance companies suppressed auto body repair fees and used substandard parts.
The appeal from the Middle District of Florida dismissal stemmed from the plaintiff’s failure to properly alleged sufficient factual support to show that any of the insurance companies violated the Sherman Act even after provided a second opportunity to amend and include the necessary facts to support their allegations. In short, the court found that Plaintiffs’ allegation did not raise a reasonable expectation that Plaintiff could ever produce evidence of an antitrust violation.
After hearing oral argument, the Eleventh Circuit issued its opinion wholly dismissing cases originating from Indiana and Utah. In those matters the Eleventh Circuit found the Plaintiffs failed to timely notice the appeal after missing the deadline to file the amended complaint. The opinion further dismissed all the anti-trust claims and most of the state law claims to the case originating from Mississippi. This opinion follows a similar ruling issued by the 11th Circuit in March 2019, dismissing most of the claims made by a four-state group of cases from Missouri, Kentucky, Virginia and New Jersey.