As reported last quarter, the vitality of auto body shop antitrust claims against a large number of property and casualty insurers is being reviewed en banc by the Eleventh Circuit. Quality Auto Painting Ctr. of Roselle, Inc. v. State Farm Indemn. Co., 870 F.3d 1262 (2017). Oral argument was held Oct. 23 before the full court, although with recusals, the case was heard before only nine judges. A decision should indicate whether the claims were properly dismissed by the district court, or whether enough facts were pleaded to permit the cases consolidated on appeal to proceed to discovery.

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