In Ashley v. Archer-Daniels-Midland Co., No. CV-95-336-R, at 2 (Ala. Cir. Ct. Mar. 13, 1998) plaintiffs were indirect purchasers of an agricultural feed supplement and sued the producers and distributors for price fixing under Alabama law.
The class was not certified based on the court's concerns regarding the plaintiff's expert's methodology for proving impact and damages.
The court concluded that plaintiff sought certification on the "strength of its statistical model. The Plaintiff clearly rejects any present need, or future intention, of proving the claims in this case by any means other than generalized evidence." Id. at 34.