October 19, 2015

A Pennsylvania federal judge on Monday recertified a class of buyers of reagents used in blood tests in multidistrict litigation alleging that a former Johnson & Johnson unit conspired with another company to fix prices on the reagents.

U.S. District Judge Jan E. DuBois decided that an expert’s methodologies for calculating classwide damages survived a Daubert analysis because he had reliably estimated the alleged overcharge in a supposed scheme between former J&J unit Ortho-Clinical Diagnostics Inc. — now owned by the Carlyle Group — and Immucor Inc.

Judge DuBois initially granted class certification in August 2012. But then the U.S. Supreme Court issued Comcast v. Behrend, requiring greater scrutiny of expert witnesses during class certification fights, and Ortho-Clinical and Immucor challenged Judge DuBois’ decision. Defendants argued that plaintiffs’ expert — Dr. John C. Beyer, who is chairman of Nathan Associates and who specializes in antitrust cases — had cherry-picked Ortho-Clinical documents instead of using an allegedly more established scientific technique, such as regression analysis.

The complete article can be accessed here.