For Georgia Pacific (and Wilkinson Walsh) a Happy Ending to $12B Containerboard Price Fixing Class
Put a bow on that box, the $12 billion price fixing case over containerboard is all wrapped up.
December 10, 2018 at 02:18 PM
3 minute read
Put a bow on that box, the $12 billion price fixing case over containerboard is all wrapped up.
On Friday, the U.S. Court of Appeals for the Seventh Circuit upheld a major lower court win by Wilkinson Walsh + Eskovitz name partner Beth Wilkinson on behalf of Georgia Pacific, as well as Winston & Strawn's Michael P. Mayer for WestRock CP.
The Seventh Circuit previously upheld class certification in the massive suit alleging seven industry players conspired to fix the price of containerboard products like corrugated boxes.
“Before and after that ruling, most of the defendants settled with the purchasers,” Chief Judge Diane Wood wrote for the panel on Dec. 7.
“But two companies—Georgia‐Pacific LLC and WestRock CP, LLC—decided to fight. They persuaded the district court that there was not enough evidence of a conspiracy to proceed to trial. We agree with that assessment and affirm the judgment dismissing the case.”
Hogan Lovells appellate practice co-head Catherine Stetson handled the winning appellate argument for Georgia Pacific, and Winston's Elizabeth Papez argued for WestRock.
It was an unusually perilous case. The plaintiffs argued that they're owed $11.7 billion in damages—a sum for which any of the seven defendants could have been individually liable.
One by one, the other defendants settled, including International Paper for $354 million in 2017.
That made proceeding toward trial a big risk for Wilkinson and Georgia Pacific. (For WestRock, which was only on the hook for conduct after it emerged from bankruptcy—the last four months of the alleged conspiracy—it was less of a roll of the dice.)
In August of 2017, a judge in the Northern District of Illinois dismissed the case on summary judgment.
“We are thrilled to represent a client that has the courage to stand up and fight when it has done nothing wrong,” Wilkinson said after the appellate decision on Friday. “Georgia Pacific's willingness to continue that fight after its competitors had settled paid off. We congratulate them.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTravis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities
Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict
1 minute readLegal Speak's 'Sidebar with Saul' Part IV: Deliberations Begin in First Trump Criminal Trial
1 minute readJosh Partington of Snell & Wilmer Is in Fact a Rock Star in the Office (and Out of It)
1 minute readTrending Stories
- 1Regulatory Upheaval Is Coming. How Businesses Prepare and Respond Will Separate Winners and Losers
- 2Cravath Elevates 7 to Partnership, Up From Last Year
- 3Kline & Specter Hit With Lawsuit From Another Former Associate
- 4USPTO Director Kathi Vidal Announces Resignation Ahead of Administration Change
- 5As Gen AI Acceptance Grows, Lawyers Race to Mitigate Risks
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250