A team of CRA consultants advised counsel to an energy drinks manufacturer regarding alleged price discrimination in the distribution of its products. The class certification action, that included major retailers such as Costco, Sam’s Club, and Walgreens was resolved in US Federal District Court. The Court denied the request to certify the class of wholesalers.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...