United States Sixth Circuit

In an antitrust action involving the scrap metal market in Northeastern Ohio, judgment and damages award for plaintiffs are affirmed where: 1) there was no abuse of discretion in allowing expert testimony based on allegedly erroneous data; 2) the fact that the jury awarded damages are below the figure mentioned by an expert witness did not mean that there was insufficient evidence since the jury was entitled to award damages based on expert testimony it found credible; 3) there was no "impermissible fluid recovery" since plaintiffs provided evidence of a class-wide aggregate injury; 4) there was no abuse of discretion in the certification of a class ; and 5) any error in instructions to the jury regarding fraudulent concealment was harmless since the jury heard evidence of fraudulent concealment dating before the earliest date of consideration set by the court.

Appellate Information

• Decided 05/15/2008
• Published 05/15/2008

Judges

• Before:  BATCHELDER, COLE, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Leslie W. Jacobs, Thompson Hine, Cleveland, Ohio, for Appellant.  William A. Isaacson, Boies, Schiller & Flexner, Washington, D.C., for Appellees.   ON BRIEF:  Leslie W. Jacobs, Thompson Hine, Cleveland, Ohio, for Appellant.  William A. Isaacson, Tanya S. Chutkan, Jennifer Milici, Boies, Schiller & Flexner, Washington, D.C., Edmund W. Searby, McDonald Hopkins, Cleveland, Ohio, for Appellees.