Civil Procedure, Antitrust & Trade Regulation, Conflict of Laws

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue

by Jeffrey W. Brennan, Wilko van Weert | McDermott Will & Emery on 12/11/2012

The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of...more

Khasin v. Hershey: Unduly Narrowing the Preemptive Scope of Pom Wonderful

by Sedgwick LLP on 12/3/2012

As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more

Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision's Impact on Federal Claims Makes a...

by Schnader Harrison Segal & Lewis LLP on 9/13/2012

A year ago, the U.S. Supreme Court handed down its ruling in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), which enforced a contractual waiver of class arbitration in an arbitration clause under the Federal...more

Private Challenges to Reverse Payment Settlement Allowed to Go Forward

by Morgan Lewis on 8/8/2012

In stark contrast to recent decisions by other circuits, the Third Circuit holds that patent law does not insulate patent settlements from antitrust scrutiny. On July 16, the U.S. Court of Appeals for the Third Circuit...more

Supreme Court Agrees to Hear Two Antitrust Cases Next Term

by Howard Ullman on 6/26/2012

Today, although it did not issue its much-anticipated ruling on the Obama Administration’s health care plan, the Supreme Court did agree to hear two antitrust cases during its next term (which starts in October)....more

Second Circuit Refuses to Review Decision That Class Action Waiver in Arbitration Agreement is Unenforceable

by Loeb & Loeb LLP on 6/15/2012

The Second Circuit has refused to grant enbanc (full court) review of its earlier decision barring the enforcement of class action waiver provisions in business arbitration agreements involving federal statutory claims. The...more

Second Circuit Splits with Ninth Circuit on Enforcement of Class Action Waivers

by Ballard Spahr LLP on 5/30/2012

The U.S. Supreme Court may be asked to revisit the issue of class action waivers in arbitration agreements now that the U.S. Court of Appeals for the Second Circuit has refused to reconsider its February 1, 2012, decision in...more

Updates

by Dechert LLP on 3/26/2012

Here are a few updates to some of our previous posts. First, we posted about In re Aspartame Antitrust Litigation, ___ F. Supp.2d ___, 2011 WL 4793239 (E.D. Pa. Oct. 5, 2011), as we considered the case a promising...more

Recent Second Circuit Decision Invalidating Class Action Waiver Highlights Actions by Lower Courts to Limit and Distinguish AT&T...

by Mintz Levin - Antitrust on 2/22/2012

The Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, which upheld the validity of class arbitration waivers in consumer contracts, was initially viewed as a serious blow to the continued viability...more