In In re: Skelaxin (Metaxalone) Antitrust Litigation, Eastern District of Tennessee Court Judge Curtis L. Collier denied class certifications to two groups claiming Pfizer Inc.’s King Pharmaceuticals Inc. settled a patent dispute with a deal to keep muscle relaxant Skelaxin off the market in a pay-for-delay arrangement that kept the drug prices at brand-name levels. […]
Category Archives: Class Certification
Court Agrees to Stay $1.06 Billion Judgment, Pending an Appeal
October 18, 2013 – 2:44 pm
In In Re Urethane Antitrust Litigation, Kansas District Court Judge John W. Lungstrum stayed a $1.06 billion class action judgment against Dow Chemical Co. while it appeals the decision. The class action was part of the multidistrict litigation that purchasers of polyether polyol brought against Dow and several other companies, including Bayer AG, BASF SE and Huntsman International LLC., […]
U.S. Supreme Court Upholds Class Arbitration Waiver Agreements
September 22, 2013 – 9:10 am
In American Express Co. et al. v. Italian Colors Restaurant et al., the U.S. Supreme Court upheld a class arbitration waiver agreement, holding that the Federal Arbitration Act (FAA) bars courts from invalidating class action arbitration waivers. The Second Circuit had held that the agreement in this case was unenforceable because plaintiffs’ costs to arbitrate […]
Supreme Court Blocks Tactic Intended to Keep Class Actions in State Court
April 22, 2013 – 10:18 am
In The Standard Fire Insurance Co. v. Greg Knowles, the United States Supreme Court held unanimously that named plaintiffs in a purported class action cannot bar federal jurisdiction by seeking less than $5 million in damages. Under the Class Action Fairness Act (CAFA), an action seeking more than $5 million in damages triggers federal court […]
Supreme Court Rejects Class Treatment Based on Damages Calculation
April 19, 2013 – 12:44 pm
In Comcast Corp. et al. v. Caroline Behrend et al, the United States Supreme Court held that the Third Circuit improperly failed to consider the class’s proposed damages model before certifying the class. In a split decision, the majority held that lower courts must consider the merits before certifying a class, when necessary, to ensure […]
Court Denied Class Certification In Photochromic Lens MDL
March 19, 2013 – 1:59 pm
In In re: Photochromic Lens Antitrust Litigation, Florida Middle District Court Magistrate Judge Elizabeth A. Jenkins denied class certification to a group of direct purchasers in multidistrict antitrust litigation (MDL) accusing Transitions Optical Inc. of impeding competition in the photochromic lenses market. The MDL followed an FTC investigation that found that Transitions maintained a monopoly […]
Antitrust Enforcement Agencies Oppose Use of Arbitration Clause to Block Class Actions
March 19, 2013 – 1:21 pm
In American Express Co. et al. v. Italian Colors Restaurant et al., the U.S. Supreme Court will decide whether an arbitration agreement can legitimately include a waiver of the right to class adjudication. The Department of Justice, Antitrust Division, and the Federal Trade Commission have filed a brief arguing that the provision improperly prevents parties […]
Jury Awards $400 Million In Price Fixing Urethane Foam MDL
February 26, 2013 – 4:30 pm
In In re: Urethane Antitrust Litigation,Kansas federal jury awarded $400 million to a class of purchasers in multidistrict litigation against the Dow Chemical Co. and other chemical manufacturers, finding the companies conspired to fix the price of urethane foam, used in many types of cushions. The litigation, which was consolidated in 2008, accused chemical companies […]
GSK Settles Generic Flonase Law Suits
February 23, 2013 – 5:49 pm
In IBEW-NECA Local 505 Health & Welfare Plan et al. v. SmithKline Beecham Corp., Eastern District of Pennsylvania Judge Anita B. Brody approved a settlement between GlaxoSmithKline PLK (GSK) and two groups of plaintiffs. The class action accused the defendant of restraining competition by preventing rivals from marketing generic versions of the allergy medication Flonase. […]
Class Action Challenging Baseball and Hockey Television Deals to Move Forward
January 24, 2013 – 10:35 am
In Laumann et al. v. National Hockey League et al Southern District of New York Judge Shira A. Scheindlin allowed class actions to move forward against the National Hockey League, Major League Baseball, and television providers Comcast and DirecTV relating to their control of sports broadcasts. The class members are purchasers of baseball and hockey […]