Antitrust Litigation, Putative Class Actions, Appeals

“No-poach” class actions: Fourth Circuit reinstates naval engineers’ Sherman Act claims against shipbuilders

Kilpatrick on 6/30/2025

Takeaway: We have written about “no-poach” class actions, in which employers allegedly conspire not to recruit or hire each other’s employees with the intent of driving down wages. See Eleventh Circuit reinstates no-hire...more

First Circuit Revives Privacy Class Action Based on Injury and Predominance

Pierce Atwood LLP on 10/1/2024

This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and...more

Third Circuit Clarifies Article III Standing for Absent Class Members, Impact of Comcast

Ballard Spahr LLP on 7/27/2015

In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more

First Circuit Upholds Class Certification in Nexium Indirect Purchaser Case

Troutman Pepper on 2/3/2015

In a split decision, the U.S. Court of Appeals for the First Circuit affirmed the certification of a class of indirect purchasers who allege that they paid inflated prices for the heartburn drug Nexium. In re Nexium Antitrust...more

Supreme Court Holds Dismissal of Individual Case in MDL Proceedings Is Immediately Appealable

Eversheds Sutherland (US) LLP on 1/22/2015

The U.S. Supreme Court unanimously held yesterday in Gelboim v. Bank of America Corp., No. 13-1174, that an order disposing of an individual case previously consolidated with other cases for multidistrict litigation (MDL)...more

Contractual Duty to Deal Does Not Equal Antitrust Duty to Deal

McDermott Will & Emery on 8/1/2014

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