Durden v. Abbott Labs., Inc

In Durden v. Abbott Labs., Inc., No. CV-93-663, at 5-6 (Ala. Cir. Ct. Jan. 16, 1996), plaintiffs requested certification of a class of indirect purchasers of infant formula. The court found the testimony of the defendants' expert more credible than that of the plaintiffs' expert regarding a pass on of overcharges. The defendants' expert reviewed extensive empirical evidence on the issue. The plaintiffs' expert "theorized that 100% of all manufacturer overcharges are passed on by all retailers (thereby injuring all consumers), and that both the fact of injury and damages can accordingly be determined on a classwide basis." Id. at 6.