Downstream Discovery? Magistrate Judge Says No
Magistrate Judge V. Sue Shields yesterday declined to order plaintiffs to provide discovery regarding their "downstream" sales of ready-mix concrete. The plaintiffs in the case, In re Ready-Mixed Concrete Price-Fixing Litigation, No. 1:05-cv-979-SEB-VSS (S.D. Ind.), allege that Indiana concrete makers, uh, fixed prices.
Whether the victims of any price fixing passed along overcharges to customers doesn't matter, the Court held. The plaintiffs may recover the overcharges even if they suffered no loss of profits as a result -- courtesy of course of the Illinois Brick doctrine.
Read Her Honor's scholarly Entry on Motion to Compel here.
And, yes, Blawgletter represents a party to this case, too.
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