Automotive Parts Antitrust Litig., No. 20-2260 (6th Cir. 2022)Annotate this Case
In the Automotive Parts Antitrust multi-district litigation, a subset of consumers and businesses (End-Payor Plaintiffs), alleged that automotive-part manufacturers fixed prices in violation of antitrust laws and that they paid elevated prices for defendants’ parts or purchased or leased vehicles containing those parts. After eight years of motions, negotiations, approval hearings, and objections, the district court granted final approval to settlements between End-Payor Plaintiffs and defendants. The settlement agreements, the class notices, and plans of allocation for each settlement agreement defined the classes of plaintiffs to include consumers and businesses that bought or leased certain qualifying vehicles or paid to replace certain qualifying vehicle parts during designated time periods. The class definitions did not include insurers, assignees, or subrogees.
FRS, a third-party company that manages and files claims for clients, later submitted claims on behalf of insurers that purchased or leased eligible vehicles for company use (Fleet Vehicles) and claims that are based on its clients’ claimed “subrogation rights” to class members’ claims. The district court denied FRS’s motion to intervene as untimely. The Sixth Circuit affirmed. FRS offers no legitimate excuse for failing to intervene after End-Payor Plaintiffs repeatedly expressed their adverse position; the district court alerted FRS to a deficient filing. End-Payor Plaintiffs would have suffered delay-related prejudice had the district court allowed intervention.