IN RE NEW MOTOR VEHICLES CAN. EXPORT ANTI. LIT.

Nos. 07-2257, 07-2258, 07-2259.

522 F.3d 6 (2008)

In re NEW MOTOR VEHICLES CANADIAN EXPORT ANTITRUST LITIGATION, William H. Brown, et al., Plaintiffs, Appellees, v. American Honda, et al., Defendants, Appellants. In re New Motor Vehicles Canadian Export Antitrust Litigation, William H. Brown, et al., Plaintiffs, Appellees, v. General Motors Corporation, et al., Defendants, Appellants. In re New Motor Vehicles Canadian Export Antitrust Litigation, William H. Brown, et al., Plaintiffs, Appellees, v. Ford Motor Company, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 28, 2008.


Attorney(s) appearing for the Case

William J. Kayatta, Jr. with whom Clifford H. Ruprecht, Pierce Atwood LLP, James C. Egan, Jr., Kirsten A. Lockhart, Carrie M. Anderson, and Weil Gotshal & Manges were on brief for appellants Chrysler LLC, Chrysler Motors LLC, Chrysler Canada Inc., and Mercedes-Benz USA LLC.

Richard C. Godfrey, P.C., David J. Zott, P.C., Daniel E. Laytin, and Kirkland & Ellis LLP were on brief for appellants General Motors Corp. and General Motors of Canada, Ltd.

Margaret M. Zwisler, William R. Sherman, and Latham & Watkins LLP were on brief for appellants Ford Motor Company and Ford Motor Company of Canada, Ltd.

John H. Rich III, Perkins Thompson, P.A., Robert A. Van Nest, Ragesh K. Tangri, Rachael E. Meny, Daniel Purcell, and Keker & Van Nest, LLP were on brief for appellants American Honda and Honda Canada Inc.

Peter Sullivan, Joshua Lipton, Gibson Dunn & Crutcher LLP, Harold J. Friedman, Laurence H. Leavitt, and Friedman Gaythwaite Wolf & Leavitt LLP were on brief for appellant Nissan North America, Inc.

Joseph J. Tabacco, Jr. with whom Glen DeValerio, Peter A. Pease, Todd A. Seaver, Matthew D. Pearson, Berman DeValerio Pease Tabacco Burt & Pucillp, Michael M. Buchman, J. Douglas Richards, Pomerantz Haudek Block Grossman & Gross, LLP, Robert S. Frank, and Harvey & Frank were on brief for appellees.

Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and LYNCH, Circuit Judge.


LYNCH, Circuit Judge.

This multi-district consumer action alleges a conspiracy by automobile manufacturers to illegally block lower-priced imports from Canada, which is alleged to have inflated the price of new cars sold in America. We granted this interlocutory appeal under Federal Rule of Civil Procedure 23(f) from the district court's certifications of (1) a nationwide plaintiff class seeking injunctive relief under, section 16 of the Clayton Act and Rule 23(b...

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