Case Study: Sullivan v. DB Investments

In its recent ruling in Sullivan v. DB Investments, Inc., the Third Circuit vacated a $272.5 million indirect purchaser settlement because the district court failed to account for the significant differences among state laws implicated in the case. This case reaffirms the holding in In re Hydrogen Peroxide that courts must meet the requirements of Rule 23, subjecting class certification motions to rigorous review. This article examines how indirect purchaser claims will be affected as a result of the Third Circuit’s ruling.