On what basis can a jury determine whether there is causation between a plaintiff and her competitor in her case?
MultiRegion, United States of America
The following excerpt is from In re Western Liquid Asphalt Cases, 487 F.2d 191 (9th Cir. 1974):
On the other hand, the problems of damages and causation are questions of fact for the jury. Mulvey v. Samuel Goldwyn Productions (9 Cir. 1970), 433 F.2d 1073, 1075 n. 3. Evidence that a price advantage was "passed on, at least in part" to plaintiff's competitor, inter alia, provides sufficient substance for the question of causation to be submitted to the jury. Perkins, 395 U.S. at 648-649,8 89 S.Ct. at 1875.
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