Tag Archives: class action

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were harmed, the hospital’s motion invites the court to jump into the fray about whether classes may be certified when they … Continue Reading

Caution: Sealed Package – There Is More At Risk Than Unsealing

Parties litigating in courts across the country routinely file some documents under seal as a matter of course. Sealing filed documents often is a practical necessity – parties need not disclose certain confidential information in the public domain, and parsing through filings and conferring with opposing counsel and third parties to determine what is truly … Continue Reading

Second Circuit Resurrects LIBOR Antitrust Case Against Bank Defendants, But Reprieve May Be Short-Lived

On May 23, 2016, the Second Circuit breathed new life into the class action case against 16 banks belonging to the British Bankers’ Association (the Banks), vacating the Southern District of New York’s dismissal of the case for lack of antitrust injury and remanding the case on the portion of antitrust standing that requires the … Continue Reading

Collusion Course: The Limits of Hot Documents

Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil plaintiffs in proving actual injury to competition. Such precious nuggets lead inexorably to near-automatic liability for the defendants. But what if the nugget … Continue Reading

Join BakerHostetler Partners Edmund Searby and Danyll Foix for Webinar on Ethical Considerations in Class Action Litigation

BakerHostetler partners Edmund Searby and Danyll Foix will present during an upcoming webinar, “Ethical Considerations in Class Action Litigation Part 1: Pre-certification Concerns,” scheduled for Wednesday, June 10, 1:00pm-2:15pm EDT. The presentation is the first half of a two-part series concerning ethical issues prior to certification of putative class action and those that must be … Continue Reading

BakerHostetler Antitrust Lawyer Examines Recent Developments in Antitrust Class Action Litigation

The Antitrust Review of the Americas 2015 features a chapter by BakerHostetler antitrust partner Edmund W. Searby entitled, “United States: Private Antitrust Litigation – Class Actions.”  He wrote: “As many appreciate, two Supreme Court decisions in the last seven years have assisted the defense of antitrust class actions.  The first and most significant is the enhancement … Continue Reading

You’re Invited – The Great Lakes Antitrust Institute, November 7-8

If you practice or have interest in antitrust law, you’ll want to take advantage of The Great Lakes Antitrust Institute in Columbus, Ohio on November 7-8, 2013. The Fifth Annual Great Lakes Antitrust Institute, co-sponsored by the Ohio State Bar Association, BakerHostetler, and others, offers the unique opportunity to address antitrust topics in-depth with colleagues from the Great … Continue Reading

Court Tackles Product Market Definition for NFL-Licensed Apparel Case

Beginning in 1922 with the Supreme Court’s decision in Federal Baseball Club of Baltimore v. National League of Professional Baseball, professional sports leagues have been involved in antitrust litigation.  In those cases, the parties often disagree about the relevant product market, and particularly whether the relevant product is the league as a whole that competes against other … Continue Reading

U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant – Worth The Wait

Editors’ Note: This post, originally authored by John Lewis and Dustin Dow and published on BakerHostetler’s Employment Class Action blog, is reprinted with permission. The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any … Continue Reading

Court Approves $158.6 Million Settlement Obtained by BakerHostetler’s Antitrust Lawyers

The U.S. District Court for the Eastern District of Tennessee granted final approval of the $158.6 million settlement in the ongoing Southeast Milk Antitrust Litigation lawsuit brought by BakerHostetler’s antitrust lawyers.  Judge J. Ronnie Greer’s May 17, 2013 order approved the third settlement in the case.  It was entered between plaintiffs and defendant Dairy Farmers of America (DFA) and … Continue Reading

BakerHostetler Antitrust Lawyers Examine Recent Developments in Antitrust Class Action Litigation

Abrams, Commins and Foix kick off new year with publication in 2013 Antitrust Review of the Americas The 2013 Antitrust Review of the Americas features an article by BakerHostetler Antitrust Chair Robert G. Abrams, Partner Gregory J. Commins Jr., and Counsel and Editor of Antitrust Advocate Danyll W. Foix. “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation … Continue Reading

No Poaching Here – “No-Hire/Non-Solicitation” Provisions in Transactional Agreements

So, what does last month’s antitrust lawsuits against eBay by the DOJ and the State of California mean for the continued use of merger and other types of agreements (like NDAs and confidentiality agreements) that often contain clauses restricting one party from soliciting or hiring the other’s employees?  Probably not much.… Continue Reading
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