Antitrust Litigation, FRCP 23(b)(3)

Ninth Circuit: California antitrust law does not apply to the claims of a nationwide class

Kilpatrick on 11/1/2021

Takeaway: Consumer class actions primarily target a damages remedy. In the antitrust context, state antitrust law provides the path to damages for indirect purchasers, because federal antitrust law bars indirect purchaser...more

Third Circuit Demands Rigorous Analysis of the Predominance Requirement for Class Certification in Pharmaceutical Antitrust Case

Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2020

On April 22, 2020, the Third Circuit Court of Appeals vacated and remanded an order certifying a class of direct purchaser plaintiffs in In re: Lamictal Direct Purchaser Antitrust Litigation, holding that the district court...more

2019 Pharmaceutical Antitrust Round-Up: A Year in Pay for Delay [Part 2]

Patterson Belknap Webb & Tyler LLP on 1/7/2020

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

Court Certifies Class In Duke-UNC No-Hire Workplace Antitrust Lawsuit

Seyfarth Shaw LLP on 2/14/2018

Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire...more

Class Action Roundup: Spring 2017

Alston & Bird on 6/12/2017

Happy New Year! While we acknowledge that it’s nearly summer now, this issue of Roundup includes case highlights from the first quarter of 2017. The year kicked off with more activity than the last quarter of 2016, with cases...more

Third Circuit Creates Framework for Analyzing Numerosity

Carlton Fields on 9/29/2016

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

Comcast and its Discontents

Pierce Atwood LLP on 10/29/2015

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...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

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