Tag Archives: Class certification

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

By Danyll Foix on June 13, 2017 Posted in Class Action Litigation

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

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

By BakerHostetler on June 9, 2015 Posted in BakerHostetler, Events

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

Oregon Federal Court Weighs In on Disputed Umbrella Theory of Damages

By Danyll Foix on March 31, 2015 Posted in Antitrust Litigation

An Oregon federal court recently relied on the so-called umbrella theory of damages to decide that the plaintiffs had an antitrust injury necessary to pursue an injunction. While this decision has garnered attention for enjoining the defendants from completing an acquisition, it also is noteworthy for its reliance on the disputed umbrella theory of damages. … Continue Reading

BakerHostetler Antitrust Lawyer Examines Recent Developments in Antitrust Class Action Litigation

By Danyll Foix on October 14, 2014 Posted in Articles, BakerHostetler, 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

By Danyll Foix on October 14, 2013 Posted in Events

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

Recent Decisions Provide Guidance for Litigating Capper-Volstead Cases

By Danyll Foix on April 11, 2013 Posted in Antitrust Exemptions & Immunities, Antitrust Litigation, BakerHostetler, Class Action Litigation, Discovery, Sherman Act 1

BakerHostetler’s Danyll W. Foix examines recent litigation decisions regarding Capper-Volstead Act in ABA publication. Capper-Volstead has been squarely raised in recent litigation involving mushrooms, milk, eggs, potatoes, cattle, and other agricultural products. In addition to addressing the substance of Capper-Volstead, decisions in these cases have considered a number of procedural and practical issues that arise in … Continue Reading

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes’ Standards for Class Certification but Leaves the Question of Daubert for Another Day

By Danyll Foix on April 4, 2013 Posted in Antitrust Litigation, Class Action Litigation, Sherman Act 1

Co-authored by: John B. Lewis, Dustin M. Dow, Patrick T. Lewis, Danyll W. Foix, and Rodger L. Eckelberry Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team, Employment Team, and BakerHostetler’s Class Action Team. On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case … Continue Reading

BakerHostetler Antitrust Lawyers Examine Recent Developments in Antitrust Class Action Litigation

By Danyll Foix on January 8, 2013 Posted in Antitrust Litigation, BakerHostetler, 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