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August 12, 2008


Kimberly A. Kralowec

The opinion states that the plaintiff, for whatever reason, chose to waive lost profits: "The undisputed facts established that plaintiffs passed the alleged overcharges in their entirety to their customers. They admitted that. They also admitted that they do not seek damages for any other loss, such as lost or delayed sales or any other diminution in business or profits. And all this was apparently easily developed in discovery." Slip op. at 36. I believe you are correct, and that a plaintiff who can show lost profits could still recover them under the Cartwright Act after Clayworth.

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