IN RE CAPACITORS ANTITRUST LITIGATION
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE CAPACITORS ANTITRUST MDL Case No. 17-md-02801-JD
LITIGATION
Case Nos. 14-3264 (Flextronics’ action); 17-3472; 17-7046; 17-7047; 18-2657; 19-1902
ORDER RE MOTION TO EXCLUDE
DR. LESLIE M. MARX
11 MDL Dkt. No. 652
13 Among the many constituent cases in this multi-district antitrust litigation are six actions brought by companies that opted out of the direct purchaser class to pursue claims on their own. In those direct action plaintiff (DAP) cases, defendants filed a Daubert motion to exclude the opinions of Dr. Leslie M. Marx, an economist retained jointly as a testifying expert witness by the DAPs. Dkt. No. 652. The Court held a concurrent expert proceeding, known informally as a “hot tub,” after which the parties filed supplemental briefs. Dkt. Nos. 1380, 1388, 1389. The request to exclude Dr. Marx is denied, with some limited exceptions. BACKGROUND …