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Antitrust Violations › Antitrust Litigation › Class Certification

Zelle LLP

Judge Donato Excludes Expert Opinion Testimony, Denies Class Certification in Klein V. Meta

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On January 24, 2025, Judge Donato granted Meta’s motion to exclude the opinions of user plaintiffs’ expert on antitrust injury. Finding that the class certification motion depended on the expert opinions offered by Dr....more

Brownstein Hyatt Farber Schreck

Illinois District Court Issues Important Class Certification Decision in a Section 1 Antitrust Case

Brownstein Hyatt Farber Schreck on

On July 22, 2024, Judge Rebecca R. Pallmeyer of the Northern District of Illinois issued a Memorandum Opinion and Order (“Opinion”), ultimately ruling to certify a class of vendors that provide back-end software to many of...more

Kilpatrick

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

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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

Patterson Belknap Webb & Tyler LLP

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

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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

Patterson Belknap Webb & Tyler LLP

Classes Certified in In re Suboxone “Product-Hopping” Case

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Recently, Judge Goldberg in the Eastern District of Pennsylvania certified two classes of plaintiffs asserting antitrust claims based on alleged “product hopping” by the manufacturer of branded tablets treating opioid...more

Bilzin Sumberg

Big Food Price-Fixing Update: Court Certifies Three Putative Classes in Packaged Seafood Litigation

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What started out as a proposed merger between two of the largest packaged seafood manufacturers spawned a lengthy criminal investigation into antitrust violations in the tuna industry by the Department of Justice (DOJ) and...more

Seyfarth Shaw LLP

U.S. District Court Denies Motion For Class Certification In Wage Suppression Antitrust Case

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Seyfarth Synopsis: On January 22, 2019, in Maderazo v. VHS San Antonio Partners, L.P., C.A. No. 06-CV-535, a case alleging that hospitals in San Antonio conspired to suppress nurses’ wages that had been pending for nearly 13...more

Mintz

Antitrust Case Against BCBS to Continue Under Per Se Standard

Mintz on

In a long-running antitrust case, the Eleventh Circuit recently denied defendant Blue Cross Blue Shield’s interlocutory appeal of the district court’s ruling that certain allegedly restrictive practices of defendants must be...more

Robinson+Cole Class Actions Insider

Class Certification Improper Where 10% of Class Members Uninjured, Explains the First Circuit

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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

A&O Shearman

Reverse Payment Patent Settlements in the Pharmaceutical Industry: A Year in Review

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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

Carlton Fields

Sorry, But Your Credit Card (Class Action) Has Been Declined

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The Eastern District of New York recently declined to certify a putative class action filed by merchants against the four major credit card providers alleging antitrust violations. ...more

Patterson Belknap Webb & Tyler LLP

Duke and UNC: No-Poach Case Update

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Last month, we reported on a partial settlement in an antitrust case alleging that entities within the Duke and the University of North Carolina systems agreed not to hire each other’s medical personnel unless the lateral...more

Seyfarth Shaw LLP

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

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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

Pierce Atwood LLP

Ascertainability & In Re Nexium – The Side-Effects Continue

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As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

Pierce Atwood LLP

In a Groundbreaking Decision, Third Circuit Provides Framework for Evaluating Numerosity

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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

Carlton Fields

Third Circuit Applies Presumption of Timeliness to Pre-Certification Motion to Intervene as Class Representative

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This case concerned a federal antitrust class action involving a proposed class of Class 8 truck purchasers who alleged a conspiracy by several truck transmission suppliers and manufacturers to raise prices by eliminating...more

Carlton Fields

Third Circuit Creates Framework for Analyzing Numerosity

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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

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