Pharma Buyers Too Few for Class U.S. District Judge Mitchell S. Goldberg ruled on August 28, 2017 that a class of 24 to 25 direct purchasers did not satisfy the “numerosity” requirement of Rule 23(a)(1) for class certification. Florence Drug Co. of Florence, Inc. v. Cephalon, Inc., No. 06-c-1797, ECF 1072 (E.D. Pa. Aug. 28, 2017), on remand from In re Modafanil Antitrust Litig., 837...… Continue Reading
Big Pharma Faces More Pay-for-Delay Fallout Pay-for-delay Listen up, direct purchasers of pharmaceuticals. Since 2013, pay-for-delay antitrust cases against Big Pharma could succeed if they alleged that a brand-name drug company had made “large and unjustified” payments for a competitor to postpone bringing a generic substitute to market. FTC v. Actavis, Inc., 133 S. Ct. 2223, 2237 (2013). But how “large” and how “unjustified” does Actavis require the...… Continue Reading
Uber Detours Price-Fixing Case Because arbitration If you’ve ever felt that Uber costs more than it should, you can forget about fixing that in court. Under a new ruling by the Second Circuit, no matter how good your claim and regardless of how much money it involves, Uber can beat you every time. Every. Single. Time. Price-fixing case Spencer...… Continue Reading
Dieselgate — Antitrust Edition You will recall that two years ago Volkswagen got in $14.7 billion worth of class action trouble for rigging software in its diesel cars to fake compliance with U.S. emission standards. The We now learn that Volkswagen didn’t act alone. Something rotten in Stuttgart The German weekly news magazine Der Spiegel revealed over the weekend...… Continue Reading
Who Belongs in a Class? The question of who belongs in a class action deserves a lot of think about it time. A good class definition could save class plaintiffs lots of trouble in winning certification of the class — a do-or-die event in the life of the class action. A new ruling by the Second Circuit highlights that true...… Continue Reading
Opt-Outs on Parade Arise, ye claimants For almost half a century, you could wait (and wait and wait) to decide whether or not to opt out of a class action. You didn’t have to squawk until you got formal notice of your right to remove yourself from the class and then failed to timely respond by saying “I...… Continue Reading
Into the Lions’ Dens Location The place of suit matters a lot in civil cases. Suing at home helps the plaintiff — by keeping her costs low, giving her comfort that local judges and juries will give her fair treatment, and throwing out-of-town defendants off balance. All of that bigly boosts the plaintiff’s chances of success. But a pair...… Continue Reading
A Trial Lawyer for the Supreme Court? In the last quarter-century and more, no current member of the Supreme Court tried a lawsuit of any kind to a judge or jury. Almost none of the justices has ever tried a civil case to verdict. And before their honors became appellate judges, only one of their number served as a full-time trial judge. Does … Continue Reading
No Class? A question of numbers Class actions can save courts and parties a lot of time and money. But what if the class includes just a few members? How much time and money will the class action device save then? The Third Circuit grappled with the “numerosity” question under Rule 23(a)(1) in In re Modafinil Antitrust … Continue Reading