American Family Insurance Company is defending multidistrict litigation (MDL) filed by several auto repair shops accusing insurers of conspiring to suppress the reimbursement rates for collision repairs and boycott certain repair shops in violation of the Sherman Antitrust Act and various state laws. Faegre Baker Daniels is representing American Family in the MDL.
Cases were filed in Arizona, Illinois, Indiana, Missouri, Ohio, Oregon, Utah and Washington. The MDL was consolidated in the Middle District of Florida. In Arizona, the case was dismissed without prejudice in June 2015 but never appealed. In Illinois, the case was dismissed without prejudice in June 2015 and a motion to dismiss the amended complaint is fully briefed and awaiting adjudication. In Ohio, the case was voluntarily dismissed without prejudice in March 2015. In Oregon, the case was dismissed without prejudice in August 2015 and a motion to reconsider was denied in September 2015. A walkaway settlement and dismissal with prejudice were reached in November 2015. In Washington, the case was dismissed without prejudice in August 2015 and never appealed with the case closing in November 2015. In Indiana and Utah, appeals are pending in the 11th Circuit. In Missouri, the case was decided by the 11th Circuit en banc, which affirmed dismissal of the antitrust claims and remanded state-law tort claims.