«Appellants sustained their burden of showing injury by alleging that they paid artificially
fixed higher prices,» Circuit Judge Dennis Jacobs wrote for a three - judge
appeals court
panel.
In Bowes, Chief Justice Winkler, writing for a five - member
panel of the Court of
Appeal, held that if an employment agreement specifies the amount payable to an employee if the employer terminates the employment contract, whether
fixed or readily calculable, the parties have contracted out of the common law presumption of providing reasonable notice of dismissal.