Rucha Desai
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On March 30, the Supreme Court will hear arguments on whether a damages class action, is permitted by Article III of the Constitution or Rule 23 of the Federal Rules of Civil Procedure where the majority of the class has suffered no actual injury. Notably, this is the first time the Supreme Court will apply … Continue Reading
As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law: Biocad v. F. Hoffman-La-Roche Ltd. and In re Capacitors Antitrust Litigation. These cases invoke the Foreign Trade Antitrust Improvement Act, which creates exceptions to the jurisdiction limiting language … Continue Reading
Chambers and Partners released its first ever Pharmaceutical Advertising 2018 guide, authored by Proskauer partners Lawrence Weinstein and Alexander Kaplan with assistance from several litigation associates. The guide provides a comprehensive look at the laws and regulations governing pharmaceutical advertising in various markets, and provides important developments in the most significant jurisdictions and legal commentary on … Continue Reading
A split Eighth Circuit recently reversed a prior panel ruling and reignited antitrust claims against distributors of pre-filled propane tanks. The 5-4 majority cited the 1997 Supreme Court decision Klehr v. A.O. Smith Corp. to rule that for allegations of a price-fixing conspiracy under the Sherman Antitrust Act, each sale at an artificially inflated price … Continue Reading
The D.C. Circuit recently blocked a proposed merger between two of the nation’s three largest health care insurers – Anthem and Cigna, raising doubts about the viability of the efficiencies defense in merger cases despite such a defense having been explicitly recognized in the 2010 FTC and DOJ Horizontal Merger Guidelines. Click here to read … Continue Reading
On October 11, 2016, Martin Smith petitioned the Supreme Court for a writ of certiorari to review a decision by the Ninth Circuit. After Smith failed to file a timely tax return, the IRS assessed a deficiency against him. Smith filed a belated Form 1040, and the IRS determined he owed an additional $60,000 in … Continue Reading
Do All Class Members Have Standing For Mere Statutory Violations? The Supreme Court Will Decide
By Rucha Desai on Posted in Appellate, Class Action, Rule 23/Class Actions
Does What Happens Outside the U.S. Stay Outside the U.S.?
By Rucha Desai and John R. Ingrassia on Posted in Antitrust
Chambers and Partners Releases Pharmaceutical Advertising 2018 Guide
By Rucha Desai, Om V. Alladi, Melissa D. DiGrande, Alexander Roan, Alexander Kaplan and Lawrence Weinstein on Posted in Advertising, Health Care, Life Sciences
The Eighth Circuit Reignites Claims of Continuing Conduct in Propane Tank Conspiracy
By Rucha Desai on Posted in Antitrust, Class Action, Evidence
Can Purchasing Efficiencies Save Mega-Mergers? The D.C. Circuit Says “No”
By Colin Kass, Rucha Desai and John R. Ingrassia on Posted in Antitrust, Health Care
Courts Split on Definition of a “Return” for Tax Discharge
By Rucha Desai on Posted in Bankruptcy Litigation, Evidence
