Attorney James Burns Speaks to Autobody News about the In re Auto Body Shop Antitrust Litigation

January 26, 2015
Dickinson Wright Member James M. Burns spoke recently with Autobody News regarding developments in a prominent antitrust insurance proceeding entitled In re Auto Body Shop Antitrust Litigation. The action is a multidistrict litigation matter in which antitrust claims asserted by auto body shops in approximately 20 states against many leading auto insurers has been consolidated into one proceeding in Florida.

As described in an article entitled “Update on Antitrust Multidistrict Litigation in Florida,” Autobody News (1/23/2015), Judge Gregory Presnell, the judge now presiding over the matter, recently issued a ruling dismissing the plaintiffs’ claims. Mr. Burns characterized the ruling as a “significant victory” for the defendants, and one that “could potentially lead to a quick end to the proceeding.”

Mr. Burns further noted that “while the Court has granted plaintiffs leave to amend several of their claims, if the proceeding is going to continue they will need to demonstrate that the infirmities identified by the Court in the recent ruling have been remedied in an amended complaint.” He also stated that this may not be easy for the plaintiffs to accomplish, and that “in any event, any amended complaint will likely be met by a renewed motion to dismiss by the defendants, setting up another significant ruling by the Court this Spring or Summer.”

To read the complete article, please click here. Mr. Burns is co-leader of Dickinson Wright’s antitrust practice and is located in the firm’s Washington, D.C. office. A significant part of his practice involves the application of the antitrust laws to the insurance industry.
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