by info-services@infotechinc.com | Apr 6, 2018 | Case Updates
The Michael Titze Company purchased an outparcel in front of a shopping mall in Pensacola, Florida. Unbeknownst to Titze, this property was subject to restrictive covenants that required Titze to obtain permission from Simon (owner of the shopping mall) for any construction or improvement to the property and restricted Titze from improving the property in any manner that would conflict with the interests of or detract from the shopping mall. In 2003, Titze leased a portion of the property to Lamar to install a billboard, without seeking approval from Simon. Simon wrote Titze a letter stating that the proposed billboard violated the operating agreement. Titze then requested Lamar not to proceed with the billboard installation, thereby cancelling their agreement. A few months later Simon and Lamar executed subleases for Lamar to install billboards on all Simon’s Properties. Titze filed suit against Simon and Lamar on seven grounds, including breach of contract and tortious interference.
Infotech was hired by Defendant, Simon Property Group, Inc to calculate any economic damages arising from the alleged wrongdoing of the Defendants. Using standard econometric methods, Infotech Consulting and Dr. McClave analyzed historical billboard placements in addition to the contractual agreement between Titze and Lamar. Dr. McClave’s analysis was used to rebut Plaintiff’s expert’s damage analysis. Infotech’s client never had to pay damages in this suit as Defendant’s were granted summary judgement which was affirmed on appeal.
The Michael Titze Company Inc. v. Simon Property Group, Inc., et al, No. 10-12742 (11th Cir. 2010)
by info-services@infotechinc.com | Sep 9, 2015 | Case Updates
The Infotech Consulting team, led by Dr. Jim McClave, provided econometric damages analysis to a large, national class of steel purchasers, alleging violations of the U.S. antitrust laws by several of the world’s largest steel manufacturers. Based on millions of sales transactions from thousands of customers, Infotech Consulting conducted damage analyses in support of the class. After years of litigation, the U.S. District Court granted class certification in September 2015 to over 5,500 direct purchasers of steel products. Settlements have been reached with all Defendants, totaling $193.9 million.
In re: Steel Antitrust Litigation, No. 08-cv-0514 (US District Court for the N.D. of Illinois)
by info-services@infotechinc.com | Aug 1, 2015 | Case Updates
Plaintiffs brought suit in 2006 after the US Department of Justice and the European Commission initiated investigations into the air cargo industry. The alleged conspirators took part in meetings and other communications to determine and set air cargo rates that airlines should charge for various routes. The airlines then imposed the agreed upon rates and continued to maintain and enforce those rates for over six years.
This suit included over 30 airline companies. Infotech Consulting and Dr. McClave was hired in April 2010 to calculate damages to Plaintiffs due to the illegal price-fixing scheme. Infotech Consulting analyzed more than 30 million transactions in the formalization of Dr. McClave damage analysis report and testimony for the class certification hearing in October, 2013. In July 2015, class certification was granted for a class of tens of thousands of direct purchasers of air cargo shipping services. By the beginning of 2016 all but two Defendants had settled with the Plaintiffs. In the spring of 2016, the remaining two Defendants settled, bringing the total settlement value to over $1.25 billion.
In re: Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775 (E.D. of New York)
by info-services@infotechinc.com | Jul 20, 2015 | Case Updates
Not many of us still own a cathode ray tube (CRT) television, but many of us remember the big and bulky sources of entertainment from yesteryear. Makers of cathode ray tubes were accused of fixing the price of various sizes of cathode ray tubes during a time where these televisions and monitors were feeling the market pressure from flat panel televisions and monitors. Infotech Consulting was engaged to perform damage analyses for 13 plaintiffs that opted out of the class action. The data spanned 18 years and involved analyzing defendant transaction data consisting of over 1 billion transactions with over $80 billion in revenue. Through the eight-year litigation period, settlements on behalf of class members and opt outs totaled over $800 million. Infotech Consulting’s thorough analysis of the data and expert synthesis of the material aided numerous plaintiffs in reaching advantageous settlements with over 10 defendants.
In re: Cathode Ray Tube Antitrust Litigation, Case No. 07-5944 SC and Case. No. 14-cv-02510 (US District Court for N.D. of California)
by info-services@infotechinc.com | Jun 3, 2015 | Case Updates
The sizeable bid-rigging case against two of the leading road salt producers in the U.S. settled for a reported $11.5 million on the eve of trial. The settlement resolves the case brought by the State of Ohio in 2012 on behalf of Ohio purchasers of rock salt, used to maintain roadways. Dr. McClave, with the support of the Infotech Consulting team, provided expert analysis concerning the rigging of salt bids by Morton Salt and Cargill Inc., prepared several reports in support of econometric analyses and was scheduled to testify concerning the damages suffered by Plaintiffs as a result of the bid-rigging.
State of Ohio, ex rel Mike Dewine, Attorney General of Ohio v. Cargill Inc., Cargill Deicing Technology, Morton Salt Inc., and Morton International, LLC., No. 2012 CV-03-0268
