Antitrust Considerations in Long-Term Care — Assisted Living and the Law Podcast
State AGs File NIL Antitrust Lawsuits — Highway to NIL Podcast
Drafting Consumer Breach Notices — From a Litigation Perspective - Unauthorized Access Podcast
Antitrust Conversations: Antitrust Litigation
JONES DAY PRESENTS®: Cryptocurrency and Antitrust Litigation
JONES DAY TALKS®: Private Antitrust Litigation in Spain
JONES DAY TALKS®: Takeaways from a Landmark Cryptocurrency Antitrust Case
JONES DAY TALKS®: Private Antitrust Litigation in France
JONES DAY TALKS®: Private Antitrust Litigation in Italy
JONES DAY TALKS®: Private Antitrust Litigation in the Netherlands
JONES DAY TALKS®: Private Antitrust Litigation in Germany
JONES DAY TALKS®: Private Antitrust Litigation in Europe: The Big Picture
Litigating During COVID: What You Need to Know
Nota Bene Episode 68: The Current Antitrust Enforcement Climate in the United States with Capitol Forum Senior Editor Nate Soderstrom
International Litigation and Transactions in the Face of GDPR – A Panel Preview
Jones Day Talks: Game Over? Alston and the Future of Pay-for-Play in College Sports
Employment Law This Week: Antitrust Guidance for HR, EEOC Strategic Enforcement Plan, New I-9 Form, Wage Statement Challenge
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
Bill on Bankruptcy: Appeals Court Changes the Law on Fraud
Federal Circuit Allows Teva Patents to Remain in Orange Book. - The Federal Circuit recently granted Teva Pharmaceutical’s motion for a stay of removal of its patents from the Orange Book in its ongoing dispute with...more
Calls for Removal of Device Patents Listed in the Orange Book Continue. FTC and Congressional action scrutinizing allegedly “improper” Orange Book listings continued apace in the first few months of 2024. ...more
On June 3, 2020, a proposed class action was commenced against over 50 generic drug manufacturers... The claim alleges that the generic drug manufacturers violated the Competition Act by conspiring to allocate the market, fix...more
On June 10th, Judge Manish S. Shah, U.S. District Court Judge for the Northern District of Illinois, dismissed (without prejudice) a class action lawsuit against AbbVie and AbbVie Biotechnology Ltd. by consumer groups, drug...more
With increasing frequency, district and circuit courts across the country are grappling with whether class certification is appropriate when the proposed class contains – or may contain – uninjured persons or entities...more
Yesterday we discussed 2019’s most significant developments in challenges to reverse-payment settlements. Today we continue our analysis of recent trends in pharmaceutical antitrust actions with a discussion of cases...more
Q4 Update: Overview of Cartel Investigations - Although 2018 saw guilty pleas and new indictments in several ongoing Department of Justice (DOJ) investigations, the year finished by continuing a downward trend in antitrust...more
The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for January 31, 2019 in Miami, Florida. Six matters are set for oral argument to consider motions to transfer each...more
In his October 17th post, Josh Dunlap describes in detail the First Circuit’s landmark ruling in In re Asacol Antitrust Litigation concerning classes that include uninjured members. ...more
The First Circuit recently addressed an issue of broad significance in class action law. It explained how a class cannot be certified when there are more than a small number of uninjured class members, and how a defendant...more
This past year has seen renewed challenges to reverse payment settlement agreements in the pharmaceutical industry. Since the Supreme Court’s Actavis decision in mid-2013, potentially anti-competitive agreements are...more
The Third Circuit recently denied a petition for rehearing en banc a panel’s earlier decision in the In re Flonase Antitrust Litigation. In that case, the panel decision addressed the degree to which class settlements can...more
The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana from bringing...more
In a recent decision denying the defendant’s motion to dismiss, Judge Mitchell Goldberg of the Eastern District of Pennsylvania allowed the manufacturer of a generic version of Suboxone to proceed upon an interesting theory...more
One of the least disputed elements of class certification is Rule 23(a)(1) numerosity, and so there is relatively little analysis from the courts about it. Last month, however, a divided panel of the Third Circuit provided a...more
The Third Circuit recently vacated class certification, granted by the Eastern District of Pennsylvania after nearly a decade of litigation, in an antitrust case alleging that a pharmaceutical company entered into agreements...more
It is not every day that antitrust plaintiff classes fail to win certification due to lack of numerosity under Federal Rule of Civil Procedure 23(a)(1). Yet this week, absence of numerosity was the reason a Third Circuit...more
The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit. On September 13, a divided panel of the U.S. Court of Appeals for...more
Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more
Last week, in In re Cipro Cases I & II, Case No. S198616, the Supreme Court of California adopted the United States Supreme Court's application of the Rule of Reason to the antitrust analysis of so-called "reverse payment"...more
In a November 30, 2013 post, we wrote about the District of Massachusetts' class certification decision in the antitrust case, In re Nexium. There, the district court certified a class of consumers and other payors who...more
Plaintiff Files Third Amended Antitrust Claim Against Highmark - A long running antitrust dispute in Western Pennsylvania continued on October 1, when a Pennsylvania hotel (Cole’s Wexford Hotel) filed a third amended...more
Addressing for the first time whether a patent holder under a contractual duty to deal is also subject to an antitrust duty to deal, the U. S. Court of Appeals for the Second Circuit upheld dismissal of a putative antitrust...more