Archives: Class Action Litigation

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Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

Photo of BakerHostetlerPhoto of Carl HittingerPhoto of Tyson HerroldPhoto of Nicholas RoseBy BakerHostetler, Carl Hittinger, Tyson Herrold and Nicholas Rose on Posted in Class Action Litigation
Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S. District Court for the Northern District of Illinois is notable because it held that the “568 Exemption,” on which many … Continue Reading

Update: Section 1 Challenge to Jimmy John’s No-Poach Agreement Survives Motion to Dismiss

Photo of Bill DeVinneyBy Bill DeVinney on Posted in Class Action Litigation, Sherman Act 1
We recently wrote that the Department of Justice’s and the Federal Trade Commission’s announcements condemning no-poaching agreements already have sparked civil class actions, including a putative class action against Jimmy John’s. Butler v. Jimmy John’s Franchise, LLP, No. 18-cv-0133, 2018 WL 3631577 (S.D. Ill. July 31, 2018). Since then, the district court denied a motion … Continue Reading

Class Actions Now Flowing From FTC and DOJ’s No-Poach Enforcement

Photo of Tyson HerroldPhoto of Carl HittingerBy Tyson Herrold and Carl Hittinger on Posted in Class Action Litigation
Partner Carl Hittinger and Associate Tyson Herrold authored an article published by The Legal Intelligencer on May 5, 2018. The article, “Class Actions Now Flowing from FTC and DOJ’s No-Poach Enforcement,” discusses the increase of class action lawsuits brought under Section 1 of the Sherman Act against national franchises for imposing employee no-hire agreements on … Continue Reading

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

Photo of Danyll FoixBy Danyll Foix on 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

Caution: Sealed Package – There Is More At Risk Than Unsealing

Photo of Carey BusenBy Carey Busen on Posted in Class Action Litigation, Discovery
Parties litigating in courts across the country routinely file some documents under seal as a matter of course. Sealing filed documents often is a practical necessity – parties need not disclose certain confidential information in the public domain, and parsing through filings and conferring with opposing counsel and third parties to determine what is truly … Continue Reading

Second Circuit Resurrects LIBOR Antitrust Case Against Bank Defendants, But Reprieve May Be Short-Lived

Photo of Terry SullivanBy Terry Sullivan on Posted in Antitrust Litigation, Class Action Litigation
On May 23, 2016, the Second Circuit breathed new life into the class action case against 16 banks belonging to the British Bankers’ Association (the Banks), vacating the Southern District of New York’s dismissal of the case for lack of antitrust injury and remanding the case on the portion of antitrust standing that requires the … Continue Reading

BakerHostetler Antitrust Lawyer Examines Recent Developments in Antitrust Class Action Litigation

Photo of Danyll FoixBy Danyll Foix on 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

U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant – Worth The Wait

Photo of Danyll FoixBy Danyll Foix on Posted in Alternative Dispute Resolution, Arbitration, Class Action Litigation
Editors’ Note: This post, originally authored by John Lewis and Dustin Dow and published on BakerHostetler’s Employment Class Action blog, is reprinted with permission. The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any … Continue Reading

Court Approves $158.6 Million Settlement Obtained by BakerHostetler’s Antitrust Lawyers

Photo of Danyll FoixBy Danyll Foix on Posted in Antitrust Litigation, BakerHostetler, Class Action Litigation, Sherman Act 1, Uncategorized
The U.S. District Court for the Eastern District of Tennessee granted final approval of the $158.6 million settlement in the ongoing Southeast Milk Antitrust Litigation lawsuit brought by BakerHostetler’s antitrust lawyers.  Judge J. Ronnie Greer’s May 17, 2013 order approved the third settlement in the case.  It was entered between plaintiffs and defendant Dairy Farmers of America (DFA) and … Continue Reading

Recent Decisions Provide Guidance for Litigating Capper-Volstead Cases

Photo of Danyll FoixBy Danyll Foix on 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

Photo of Danyll FoixBy Danyll Foix on 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

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into Arbitration

Photo of Carey BusenBy Carey Busen on Posted in Alternative Dispute Resolution, Arbitration, Class Action Litigation
Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts.  (See this blog’s discussion of a Third Circuit decision from late last year, In re Pharmacy Benefit Managers Antitrust Litig. (Case No. 12-1430).)  The Eighth Circuit recently weighed in on arbitration issues, holding … Continue Reading

BakerHostetler’s Antitrust Group Examines Antitrust Trends in Firm’s 2012 Year-End Review of Class Actions

Photo of Danyll FoixBy Danyll Foix on Posted in Class Action Litigation
BakerHostetler recently announced the release of the Firm’s 2012 Year-end Review of Class Action (and what to expect in 2013), which offers a summary of some of the key developments in class action litigation during the past year.  The Review includes an examination of developments, trends, and notable decisions in antitrust class actions during 2012 … Continue Reading

BakerHostetler Antitrust Chair Discusses Recent $300 Million Client Recovery during Bloomberg TV Interview

Photo of Danyll FoixBy Danyll Foix on Posted in BakerHostetler, Class Action Litigation
Robert Abrams, Chair of BakerHostetler’s Antitrust and Trade Regulation Group, was interviewed by Bloomberg Law’s Spencer Mazyck in its “Rainmakers” series.  Abrams discussed the recently announced settlement with Dairy Farmers of America and several related entities in In re Southeastern Milk Antitrust Litigation.  He described BakerHostetler’s representation of thousands of Southeast farmers claiming market allocation, price fixing, … Continue Reading

BakerHostetler Antitrust Lawyers Examine Recent Developments in Antitrust Class Action Litigation

Photo of Danyll FoixBy Danyll Foix on 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

I Don’t Care How Much I Pay (too Much, the Magic Bus)* – Part II

By Jonathan Lewis on Posted in Antitrust Litigation, Class Action Litigation, Government Investigations, Sherman Act 1
Apparently, Mary Hanson, Tracey Nobel, Stefanie Nocera and the class they hope to represent do! In a prior post, we noted that the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York … Continue Reading

Comcast Lesson No. 1: Clearly Raise Daubert Issues

Photo of Danyll FoixBy Danyll Foix on Posted in Antitrust Litigation, Class Action Litigation
There is no shortage of discussion about the Supreme Court’s review of Comcast Corp. v. Behrend, and with good reason.  The Supreme Court rarely considers antitrust or class action cases, and Comcast presents issues in both areas of law.  While much of the discussion focuses on how the Supreme Court should rule, Comcast provides practical guidance even before a ruling … Continue Reading

No Poaching Here – “No-Hire/Non-Solicitation” Provisions in Transactional Agreements

By Jonathan Lewis on Posted in Antitrust Litigation, Class Action Litigation, Government Investigations, Sherman Act 1
So, what does last month’s antitrust lawsuits against eBay by the DOJ and the State of California mean for the continued use of merger and other types of agreements (like NDAs and confidentiality agreements) that often contain clauses restricting one party from soliciting or hiring the other’s employees?  Probably not much.… Continue Reading

Walker Process Claim Could Lead to Antitrust Class Action by Consumers

Photo of Bill DeVinneyBy Bill DeVinney on Posted in Antitrust Litigation, Class Action Litigation, Patents
The Federal Circuit Rules Direct Purchasers Can Bring Walker Process Claims  Antitrust issues often arise in patent cases.  A patent, after all, is a government-sanctioned monopoly on the patented invention or technology.  But the Supreme Court held, in Walker Process Equipment, Inc., v. Food Machinery & Chemical Corp., that a patentee that obtained its patent … Continue Reading
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