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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re Skelaxin (metaxalone) Antitrust Litigation

This memorandum addresses two motions for class certification in a pharmaceutical antitrust case concerning the muscle relaxant Skelaxin. Plaintiffs, comprised of Indirect Purchasers and End Payors, alleged that defendants King Pharmaceuticals LLC and Mutual Pharmaceutical Company, Inc. colluded to delay the entry of a generic drug. The Court denied both class certification motions, finding the End Payors' proposed class not ascertainable due to the need for individualized contractual inquiries. For Indirect Purchasers, certification was denied primarily for failure to establish a proper choice-of-law for a nationwide class and inadequate support for state-specific subclasses. Additionally, End Payors' related motions for partial summary judgment and to strike expert testimony were denied without prejudice.

AntitrustClass ActionPharmaceuticalsSkelaxinMetaxaloneGeneric DrugClass CertificationIndirect PurchasersEnd PayorsChoice of Law
References
64
Case No. MISSING
Regular Panel Decision

In re Currency Conversion Fee Antitrust Litigation

This Memorandum and Order addresses plaintiffs' motion for reconsideration of a prior decision concerning a class action alleging an antitrust price-fixing conspiracy by VISA, MasterCard, and their member banks related to foreign currency conversion fees. The Court denied the plaintiffs' motion for reconsideration, upholding its earlier finding that network defendants did not waive their right to arbitration because compelling arbitration would have been futile under then-existing law. Additionally, the Court denied reconsideration on several other procedural matters, including the creation of subclasses, membership of specific cardholder subclasses, representation of Diners Club and Providian cardholders, and a request for further discovery, citing the untimeliness of new arguments and the plaintiffs' failure to meet the burden of proof for class certification requirements.

Antitrust LitigationClass Action ProcedureArbitration AgreementsWaiver of ArbitrationEquitable EstoppelForeign Currency Conversion FeesReconsideration MotionSherman ActTruth in Lending ActDeceptive Trade Practices
References
43
Case No. 3-90-281-CV
Regular Panel Decision
May 06, 1992

Fidelity and Deposit Company of Maryland v. Concerned Taxpayers of Lee County, Inc. and Mike Cunningham

This case concerns an appeal by Fidelity and Deposit Company of Maryland (Fidelity) against Concerned Taxpayers of Lee County, Inc. and Mike Cunningham regarding Fidelity's liability as a bonding agent for attorney's fees. The dispute originated from an earlier case where a newly formed hospital district in Lee County was deemed unconstitutional, and its trustees were found to have violated the Open Meetings Act, leading to an award of attorney's fees against them. As the hospital district had no assets, Concerned Taxpayers sued Fidelity as the surety on the trustees' public official bonds. The trial court held Fidelity liable for the attorney's fees from the prior case but denied Concerned Taxpayers' request for attorney's fees in the current litigation. The Court of Appeals affirmed the trial court's judgment in all respects, ruling that public official bonds broadly cover damages, including attorney's fees resulting from the unfaithful performance of duties, and that the trustees' Open Meetings Act violations constituted such unfaithful performance. The court also found Concerned Taxpayers to be incidental beneficiaries in the current suit, thus not entitled to attorney's fees.

Public Official BondsSurety LiabilityAttorney's Fees RecoveryDeclaratory Judgment ActOpen Meetings Act ViolationDe Facto Officer DoctrineStatutory ConstructionAppellate ProcedureSummary Judgment AppealHospital District Formation
References
17
Case No. MISSING
Regular Panel Decision

Fidelity & Deposit Co. of Maryland v. Concerned Taxpayers of Lee County, Inc.

This case concerns an appeal by Fidelity and Deposit Company of Maryland (Fidelity) against a summary judgment holding it liable, as a bonding agent, for attorney's fees. These fees were awarded in a prior lawsuit against its principals, the trustees of the Lee County Hospital District. The Concerned Taxpayers of Lee County, Inc. and Mike Cunningham had successfully challenged the hospital district's formation and the trustees' actions, leading to a judgment for attorney's fees which the defunct district could not satisfy. Fidelity argued that the bonds did not explicitly cover attorney's fees and that the trustees had not unfaithfully performed their duties because the district was void from inception. The court affirmed the trial court's decision, holding that Fidelity's bonds broadly covered damages from the trustees' unfaithful performance as de facto officers, which included violations of the Open Meetings Act. However, the court denied Concerned Taxpayers' request for attorney's fees in the current litigation.

Bonding Agent LiabilityAttorney's FeesPublic Official BondsFidelity BondsSummary JudgmentDe Facto OfficersUnfaithful PerformanceOpen Meetings ActHospital DistrictThird-Party Beneficiary
References
16
Case No. MDL-1206
Regular Panel Decision
May 27, 1999

In re Lease Oil Antitrust Litigation

This order approves eight settlement agreements in the multidistrict litigation, In re Lease Oil Antitrust Litigation, MDL-1206. The litigation involves claims by royalty and working interest owners against major oil companies for systematically underpaying for crude oil by depressing 'posted prices' below market value. The class comprises millions of members across the US, asserting both state law 'Lease Claims' and federal 'Antitrust Claims' of price-fixing. The court addresses jurisdiction, class certification under Rule 23, the fairness and adequacy of the settlements, and issues related to notice, claim procedures, attorneys' fees, and incentive awards.

Antitrust LawClass Action SettlementOil and Gas RoyaltiesMultidistrict LitigationPrice Fixing ConspiracyFairness DoctrineRule 23 CertificationSupplemental JurisdictionDue Process RightsAttorney's Fees Award
References
71
Case No. 06-md-1775
Regular Panel Decision
Jan 04, 2013

In re Air Cargo Shipping Services Antitrust Litigation

This Memorandum and Order addresses objections to a Magistrate Judge's directive for partial disclosure of grand jury testimony from John Doe and James Doe, given in a federal investigation into price-fixing in the air cargo industry. District Judge John Gleeson sustained the objections filed by John Doe, James Doe, Airline 1, and Airline 2. The court determined that the Magistrate Judge erred by not adequately balancing the plaintiffs' particularized need for the testimony against the strong policy interest in maintaining grand jury secrecy. Despite the plaintiffs' need for impeachment or recollection refreshing, the court found this did not outweigh concerns about potential retaliation, social stigma, and the protection of witness reputations within the industry. Consequently, the grand jury testimony was ordered not to be disclosed.

Grand Jury SecrecyAntitrust LitigationPrice-fixing ConspiracyWitness Testimony DisclosureFederal Rules of Criminal Procedure 6(e)Douglas Oil StandardParticularized NeedEastern District of New YorkCivil ProcedureMagistrate Judge Order
References
21
Case No. MISSING
Regular Panel Decision

Concerned Citizens of Albany-Shaker Road v. State

The appellate court reversed a Supreme Court order, dismissing a complaint against the Town of Colonie, which was filed by Concerned Citizens of Albany-Shaker Road and its members. Plaintiffs had sued the County of Albany regarding land ownership and the Town of Colonie for tax refunds. The Supreme Court had denied the Town's motion to dismiss, despite a significant delay in serving the complaint. However, the appellate court found that plaintiffs failed to provide a reasonable excuse for the delay and did not demonstrate the merit of their claims against the Town. Additionally, the complaint was deemed deficient for non-compliance with RPAPL 1515 and General Associations Law § 12, leading to its dismissal against the Town.

Delay in serviceMotion to dismissReal property tax assessmentRPAPL article 15 actionRPTL article 7 proceedingUnincorporated associationFailure to state a claimAppellate reviewProcedural deficiencyComplaint dismissal
References
8
Case No. Docket No. 74
Regular Panel Decision

In Re Short Sale Antitrust Litigation

Plaintiff Electronic Trading Group L.L.C. (ETG) filed a class action alleging that various financial institutions, including Morgan Stanley and Goldman Sachs, engaged in an antitrust conspiracy related to short sale transactions by fixing borrowing fees and not enforcing delivery of shorted securities. Defendants moved to dismiss, arguing that federal securities laws implicitly precluded antitrust claims. The Court, applying the Credit Suisse Secs. (USA) LLC v. Billing framework, found that the short sale market is an area squarely within securities regulation with active SEC oversight. It concluded there was a serious conflict between applying antitrust and securities laws, as it could deter lawful conduct and interfere with SEC policy regarding failure-to-deliver. Consequently, the Court granted the motion to dismiss the antitrust claim with prejudice and dismissed the related state law claims without prejudice due to declining supplemental jurisdiction.

Antitrust LawSecurities RegulationShort SalesClass ActionMotion to DismissImplicit PreclusionSherman ActRegulation SHOFiduciary DutyUnjust Enrichment
References
35
Case No. MISSING
Regular Panel Decision

Rios v. Marshall

This action was commenced by thirty-eight migrant farmworkers, individually and on behalf of a class, alleging a conspiracy among New York apple growers, Florida sugar cane growers' associations, and various government officials. Plaintiffs claim violations of antitrust and civil rights laws due to the alleged replacement of domestic workers with temporary foreign workers from Jamaica. The defendants moved to dismiss claims on grounds including antitrust immunity, lack of state action, absence of racial animus, statute of limitations, res judicata, lack of personal jurisdiction, and foreign sovereign immunity. The court granted some dismissal motions, particularly those concerning wage-based antitrust claims, civil rights claims under §§ 1981 and 1983, and claims against sovereign entities or for lack of jurisdiction. However, the court denied motions to dismiss certain antitrust claims regarding working conditions and civil rights claims under § 1985. The case will proceed on the surviving claims, with plaintiffs instructed to file an amended complaint.

Migrant WorkersFarmworkersAntitrust LawCivil RightsSherman ActClayton ActConspiracyTemporary Foreign WorkersImmigration LawWagner-Peyser Act
References
73
Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
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