Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: declaratory judgement

Price Gouging Laws Remain Even When Social Distancing Laws Have Ended

Florida Governor Ron DeSantis recently made headlines around the country by announcing that he was lifting physical distancing restrictions on restaurants and other businesses in Florida. The Governor’s order allows restaurants to open at full capacity, and prevents cities and counties from ordering them to operate at less than half capacity unless justified by health … Continue Reading

Proskauer on Price Gouging: An Interactive State-by-State Price Gouging Map

Proskauer’s Antitrust Practice Group has provided clients with need-to-know information on price gouging restrictions across the country since the start of COVID-19. In light of the continuously changing landscape, Proskauer has developed an interactive state-by-state price gouging map, which provides a quick reference to current price gouging restrictions in effect in each state. *   … Continue Reading

NY Court Embraces the Law of Supply and Demand, Shows Hostility to Price Gouging Complaint

On September 23, 2020, the New York Supreme Court dismissed Attorney General Letitia James’ lawsuit against Quality King Distributors alleging that the wholesaler unlawfully increased the price of its Lysol products. In a decision no longer than a page, Judge Eileen A. Rakower found that Quality King’s prices were neither “unconscionable or overall extreme.”… Continue Reading

Spotlight on Past Price Hikes: Anticipating and Establishing Defenses to Price Gouging Class Actions

Six months into the states of emergency triggered by the COVID-19 pandemic, there is a sizeable amount of data on how prices have actually moved, potentially leading to more private actions as plaintiffs now have the opportunity to review prices retroactively and establish claims based on hard data.… Continue Reading

State Price Gouging Laws and Price Controls: A Historical View on a Questionable Objective

Price gouging laws have become more relevant than ever, but a historical review reveals that price gouging laws may be a historically recent, and misguided development. It was not until 1979 that New York State enacted the nation’s first law explicitly targeted at price gouging.… Continue Reading

Beyond the Pandemic: Pharmaceutical Industry Compliance Considerations

Since the ongoing states of emergency were put in place in response to a health crisis, pricing in the pharmaceutical industry is under more of a microscope than usual.  While the immediate focus may be on products that are used to diagnose, treat, or prevent COVID-19, price gouging laws cover a wide variety of pharmaceutical … Continue Reading

What Constitutes a “Trade” or “Market” Area Under State Price Gouging Statutes?

Price gouging enforcement is at an all-time high, but many ambiguities about the application of these state laws remain. Among the many questions left unanswered: what does a statute mean when it says “trade area” or “market area”? Many laws refer to the price at which the same or similar good or service is available … Continue Reading

Can a Declaratory Judgment Protect My Company From a Price Gouging Lawsuit?

Much of the discussion to date regarding price gouging laws has rightly focused on the two core elements of a price gouging lawsuit: what constitutes a violation and what are the defenses? And while these defenses are valid, most would prefer to never have to spend the time and expense getting a case dismissed in … Continue Reading
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