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Third Circuit Gives Failing Grade To Indirect Purchasers Seeking National Class For State Antitrust Claims

Posted  07/26/10
The U.S. Court of Appeals for the Third Circuit has ruled that state antitrust laws’ treatment of indirect purchaser claims are too disparate to meet the predominance and commonality requirements of Rule 23. In Sullivan v. DB Investments Inc., plaintiffs alleged anticompetitive conduct in the diamond industry by the De Beers group of companies, the South African conglomerate synonymous with diamond production and...

iPhone Antitrust Suit Clears Class Certification Hurdle

Posted  07/14/10
Judge James Ware of the Northern District of California has granted a motion for certification of a class of iPhone consumers in an antitrust suit against Apple and AT&T.  An estimated 15 to 20 million U.S. iPhone purchasers are potential members of the class. Filed in 2007, the suit alleges that Apple and AT&T secretly agreed to restrict iPhone service for five years.  Although plaintiffs purchased a two-year...

Sirius XM Seeks To Block Consumers’ Transmission Of Claims Across State Lines

Posted  04/23/10
Sirius XM Radio, the holding company for the two satellite radio services operating in the U.S., is asking a federal court in Manhattan to dismiss state claims being asserted by class action representatives who reside in other states. Sirius XM is asking Judge Harold Baer to rule that the class representatives do not have standing to assert claims based on the laws of states in which they do not reside in Blessing...

Justice Scalia Supports Class Actions. Justice Ginsburg Doesn't. Really.

Posted  04/2/10
Despite a recent federal law that clamps down on class actions, the Supreme Court on Wednesday breathed new life into the viability of some such cases – and in their 70-some pages of opinions, scrambled the Court’s usual ideological lines. In the case, Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08-1008, a group of doctors sued an insurance company when it paid an insurance claim...

The Great Google Books Settlement Debate

Posted  02/22/10
The fate of the massive digital library that Google hopes to create now lies in the hands of U.S. District Judge Denny Chin, who heard nearly a full day of oral argument on Thursday from supporters and opponents of the proposed settlement agreement that would settle the class action brought on behalf of authors and publishers against Google Book Search. The parties in The Authors’ Guild, et al. v. Google Inc. are...

Microsoft’s Datel Defense Takes Bite Out Of Apple’s Playbook

Posted  02/8/10
Microsoft is battling its latest antitrust challenger – Datel – by taking a page out of the antitrust playbook of its archrival, Apple. Microsoft is being sued by Datel, a manufacturer of “video game enhancement products,” for allegedly monopolizing an aftermarket for accessories to Microsoft’s popular Xbox 360 video game system in Datel Holdings Ltd. et al. v. Microsoft Corp., Case No. CV 09-5535 EDL. ...

Will Supreme Court’s Citizens United Decision Doom McCarran-Ferguson Repeal?

Posted  02/2/10
The prospects for repeal of the McCarren-Ferguson Act’s antitrust exemption for health insurers may have gotten a bit dicier with the Supreme Court’s landmark decision giving the green light to corporate spending in political elections. The Court in Citizens United v. Federal Election Commission held that the government may not ban “independent expenditures” for “political speech” by corporations in...

Supreme Court Eyes Threading American Needle At Oral Argument

Posted  01/29/10
If the recent oral argument in American Needle, Inc. v. National Football League is any guide, the U.S. Supreme Court might just thread the needle and decide that case on a narrower, more middle-ground, basis than the Seventh Circuit decision, which raised the specter of freeing all professional sports leagues from antitrust scrutiny. The Supreme Court heard oral argument on January 13, 2010, in the much...

Is The Plural Of Email “Economic Evidence”?

Posted  01/27/10
The aphorism that the “plural of anecdote is data” is being put to the test in federal courts as judges grapple with the question of whether emails and other anecdotal evidence can form the basis of reliable expert economic opinion. Recent federal court decisions concerning the type of evidence that may be relied upon by economic experts in formulating opinions indicate that the plural of email might just be...

Saints’ Quarterback Says: Say It Ain’t So, Supremes

Posted  01/8/10
It may be a Hail Mary pass, but New Orleans Saints quarterback Drew Brees has thrown a long bomb to the Supreme Court with a Washington Post op-ed that warns the Supremes that their decision in the upcoming case of American Needle, Inc. v. National Football League, could end up sacking both professional athletes and antitrust enforcement. At issue in the American Needle case is the extent to which the NFL – and...
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