Following up on one of our more popular posts from last year, here’s an update on a key development in the on-going multi-district Body Shop Antitrust case brought by hundreds of auto body repair shops against dozens of auto insurers. (Full disclosure: the Bose McKinney & Evans team of Brian Jones, Curtis Jones, and Joel Nagle represent one of the insurers in the Indiana case that was consolidated.)
Since our last post, the total number of pending cases in the MDL has gone up to 22, and the defendants in the Indiana, Florida, Utah, Mississippi, Louisiana, Tennessee cases filed Motions to Dismiss. The Court conducted a hearing on the pending dismissal motions in early November.
On Wednesday, the Middle District of Florida dismissed all of the claims in the Florida case (including one claim with prejudice), finding, among other things, that the plaintiffs failed to plead plausible claims as required under Twombly. The Court gave the plaintiffs until February 10 to amend their complaint.
This ruling paves the way for similar rulings in the Indiana case and others. Stay tuned for further developments.