Roger Ailes and the Secrecy of Arbitration

July 20, 2016

Mandatory arbitration is usually criticized, or defended, from the perspective of the parties involved in the dispute itself but an interesting point has been raised by a recent New York Times article covering Gretchen Carlson’s lawsuit against Roger Ailes of

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The Latest Fight Over the State-Action Antitrust Immunity Doctrine

August 05, 2014

Last week, the Federal Trade Commission (“FTC”) submitted its brief urging the Supreme Court to deny antitrust immunity to the North Carolina State Board of Dental Examiners (“Board”).  Years ago, the Board had barred non-dentists from providing teeth-whitening services, prompting

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In re DDAVP Indirect Purchaser Opinion: Getting It Right

October 29, 2012

Recently, Judge Seibel of the Southern District of New York denied Defendants’ motion to dismiss in the In re DDAVP Indirect Purchaser Antitrust Litigation.[1]  The case involves the drug DDAVP, an antidiuretic containing desmopressin acetate.  Plaintiffs allege that Defendants Ferring

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Timely News Reminders on the Importance of Private Antitrust Enforcement

April 04, 2012

On April 2, I read two news stories that highlighted to me the importance of the trial bar’s continuing dedication to private antitrust enforcement.  The fact that these two public announcements were made on the same day simply emphasizes the

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Seventh Circuit Vacates Northshore Hospital Antitrust Class Certification Denial

January 17, 2012

Last week, the Seventh Circuit Court of Appeals vacated the district court’s class certification denial[1] in a case involving private antitrust claims for damages due to the merger between Northshore University HealthSystem and Highland Park Hospital.  Messner v. Northshore University

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Aqua Dots Revisited

November 02, 2011

A few months ago, I wrote a short blog post to discuss my disagreement with a Northern District of Illinois decision that denied class certification in a case involving the sale of defective toy beads to children.  When ingested, these

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Bayer v. Sandoz: Upping the Relevant Market Pleading Requirements

September 30, 2011

Defining an antitrust market is a difficult and complex task, but the analysis is guided by firmly established economic principles.  In the latest and seemingly last round of the Bayer v. Sandoz Yaz/Yasmin patent litigation, the Southern District of New

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Ninth Circuit Allows Blinded Foreign Patient Suit to Proceed in U.S.

May 09, 2011

In early April, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that a group of eight elderly Mexican plaintiffs can pursue their claims in the United States against Advanced Medical Optics[1] for injuries the

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Seventh Circuit Clarifies Pleading Standard for Antitrust Collusion

April 06, 2011

There has been little consistency between courts when it comes to addressing the scope and application of the Twombly[1] pleading standard in the context of allegations of antitrust collusion.  The Supreme Court’s successor case, Iqbal,[2] did very little to clarify

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No Adequate Remedy in Aqua Dots Case

April 04, 2011

In In re Aqua Dots, a case recently heard in the Northern District of Illinois, the court faced a class certification request from plaintiffs who had purchased a popular children’s toy called Aqua Dots.  The toy beads could be formed

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