Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
Legal Rights When Moving - Interview of Larry Bodine on Better Kansas City KCTV 5
Larry Bodine's Interview on News 4 Jax (WJX4)
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Does Canada Need a New Uniform Arbitration Law?
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
Serving Legal Documents Through Social Media
Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Viewer's Guide to Gay Marriage Oral Arguments
Arbitration - An Alternative to Litigation for Dispute Resolution
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Street Legal Cars
Newsbreak: Surprising Results in Three Cases
Will The Debt Ceiling Standoff End Up In Court?
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Bill on Bankruptcy: Big Surprises For AMR, MF Global Creditors
Grassley: HSBC Should Face Criminal Charges
New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to...more
On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this...more
In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means—Facebook.
As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more
The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more
In This Issue:
- Kentucky County Clerks Cannot Sue MERS for Failure To Record Mortgage Assignments, Sixth Circuit Rules
- Bipartisan Policy Center Proposes New Directions for National Housing Policy
What you need to know:
The Supreme Court issued a unanimous decision siding with the FTC against a hospital merger in Georgia.
What you need to do:
Companies should conduct careful analysis before investing...more
On November 20, 2012, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ritz Camera & Image, LLC v. SanDisk Corp., No. 2012-1183, 2012 WL 5862779 (Fed. Cir. Nov. 20, 2012). They affirmed that direct...more
POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s...more
In a nutshell, you need to pay attention to antitrust standing doctrine because the doctrine has real teeth and can result in dismissal of claims.
That’s what the plaintiff in Static Control Components, Inc. v. Lexmark...more
In In re: ATM Fee Antitrust Litigation, No. 10-17354 (9th Cir. July 12, 2012), the Ninth Circuit ruled that consumers (ATM cardholders) could not challenge ATM fees paid by ATM card issuing banks to the owner of the ATMs...more
On June 25, the United States Supreme Court granted the Federal Trade Commission’s request that it review the 11th Circuit’s decision in Federal Trade Commission v. Phoebe Putney Health System. The case involves the FTC’s...more
Yesterday, in Minn-Chem, Inc. v. Agrium Inc., No. 10-1712, the en banc 7th Circuit addressed the Foreign Trade Commerce Antitrust Improvements Act (“FTAIA”) in the context of an alleged worldwide scheme to fix potash prices...more
Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason...more
In This Issue:
*Manatt Expands Intellectual Property Practice in New York
*Federal Court Rules Muscle Milk Lawsuit Needs More Muscle
*How Much Is That App in the Window?
*City Ordinance Banning Outdoor Tobacco...more
Davis v. AT&T Wireless Services, Inc., No. CV 11-02674 DDP (March 1, 2012) (Pregerson, J.)
Not everyone can sue for an antitrust violation. Usually, if plaintiffs and defendants do not at least participate...more
Originally published in Competition Law360 January 19, 2012.
Since the enactment of the Class Action Fairness Act (“CAFA”), 28 U.S.C. §1332(d), federal district courts handling indirect purchaser price fixing and market...more
The issuance by the European Commission of a new set of best practices in antitrust proceedings, as well as its attempt to reinforce the role of the hearing officer, have sparked up the debate about the European antitrust...more
U.S. District Court – Northern District of California
In Perez v. State Farm Mut. Auto. Ins. Co., 2011 WL 5833636 (N.D. Cal. Nov. 15, 2011), the U.S. District Court for the Northern District of California dismissed an...more
The unique features of the European Commission’s competition proceedings, where the Commission acts as investigator, prosecutor and maker of decisions on guilt or innocence, have long been controversial. Due...more
This article, Twombly and Parallel Conduct: How the Sixth Circuit Grounded In re Travel Agent Commission Antitrust Litigation, 76 J. Air L. & Com. 111 (2011), discusses the Sixth Circuit holding in In re Travel Agent...more
There is a growing debate as to the standard of review that the EU courts apply when reviewing European Commission (‘Commission’) decisions in competition law cases. It has been argued that many recent judgments of the EU...more
Judge Paul Borman, District Judge for the Eastern District of Michigan, recently ordered the Department of Justice (“DOJ”) to produce tape recordings to the direct purchaser plaintiffs in the In re Packaged Ice multidistrict...more
In Ritz Camera & Image, LLC v. SanDisk Corporation, et al., United States District Court, ND Cal., Case No. 5:10-CV02787-JF/HRL, the court denied a motion to dismiss in a Walker Process "fraud on patent office" case, and...more
In This Issue:
Is §292 (Qui Tam) Statute Unconstitutional? Need More than Mouse Disclosure and a Few CIPs to Support Human Antibody Claims; Limitation on the Number of Asserted Claims Does Not Violate Due...more
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