context: There is nothing wrong with the abstract legal basis of Resco's theory of standing. It is well settled in the Third Circuit that "express assignments of antitrust claims from a direct purchaser to an indirect purchaser are permissible and do not run afoul of Illinois Brick's standing requirements."
citation_a.signal: see also
citation_a.parenthetical: "this circuit has long recognized that antitrust claims can be assigned.... Indeed, numerous courts have certified litigation classes in which the named plaintiffs were operating under an assignment."
citation_a.sentence: In re K-Dur Antitrust Litig., 338 F.Supp.2d at 539 (citing Gulf-stream, III Associates, Inc., 995 F.2d at 438-440 (holding that “any assignment of antitrust claims, as a matter of federal common law, must be an express assignment ... [because] an express assignment ... entirely eliminates any problems of split recoveries or duplicative liability.”)); see also In re Wellbutrin Sr Direct Purchaser Antitrust Litig., 70 Fed.R.Serv.3d 664, 2008 WL 1946848 (E.D.Pa.2008) (“this circuit has long recognized that antitrust claims can be assigned.... Indeed, numerous courts have certified litigation classes in which the named plaintiffs were operating under an assignment.”).
citation_b.signal: no signal
citation_b.identifier: 995 F.2d 438, 438-440
citation_b.parenthetical: holding that "any assignment of antitrust claims, as a matter of federal common law, must be an express assignment ... [because] an express assignment ... entirely eliminates any problems of split recoveries or duplicative liability."
citation_b.sentence: In re K-Dur Antitrust Litig., 338 F.Supp.2d at 539 (citing Gulf-stream, III Associates, Inc., 995 F.2d at 438-440 (holding that “any assignment of antitrust claims, as a matter of federal common law, must be an express assignment ... [because] an express assignment ... entirely eliminates any problems of split recoveries or duplicative liability.”)); see also In re Wellbutrin Sr Direct Purchaser Antitrust Litig., 70 Fed.R.Serv.3d 664, 2008 WL 1946848 (E.D.Pa.2008) (“this circuit has long recognized that antitrust claims can be assigned.... Indeed, numerous courts have certified litigation classes in which the named plaintiffs were operating under an assignment.”).