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U.S. District Court Southern District of New York Judge Cote Plaintiffs petition for court approval of a partial settlement and bar order, as well as an award of attor
Drug pricing antitrust suits against pharma companies are a dime a dozen. But what we can't remember seeing before at the Litigation Daily is a case in which one major brand pharmaceutical manufacturer is going to trial against another for alleged drug overcharges. The stakes are enormous--potential trebled damages of $9.8 billion--and the legal teams formidable.
Like Nokia--another Alston & Bird client--Dell has chosen to file its own tag-along suit based on the government's criminal antitrust investigation rather than join a class of liquid crystal display screen buyers.
Viagra Insurance Suit Can Proceed
A class action challenging the policy of N.Y.'s Oxford Health Plans and Oxford Health Insurance regarding coverage for the erectile dysfunction treatment Viagra has been cleared to proceed in a harsh-worded decision by a federal judge in Brooklyn. The judge rejected Oxford's contention that the suit should be dismissed for plaintiffs' failure to exhaust the administrative claims process provided by the insurance plans. The judge called Oxford's contention offensive to "notions of fairness and common sense."The state's pension funds are looking for a few good firms. And they want you to know exactly how they're doing it. Twelve plaintiffs firms are still in the running in advance of a key public hearing Wednesday. Nineteen are already out.
In a securities class action against IndyMac and underwriters, the panel held that the tolling rule established by the U.S. Supreme Court in American Pipe does not apply to the statute of repose.
Firms Get Share of Tobacco Settlement
Five law firms that participated in the state's lawsuit against the tobacco industry were awarded $775 million in fees and expenses Thursday. The Tobacco Fee Arbitration Panel's decision gives the firms an amount equal to 9.3 percent of the state's $8.3 billion share of the multistate tobacco settlement. But the money, to be paid for by the tobacco industry, is separate and above the money the state will receive.Cite as: Hong Leong Finance Ltd. v. Pinnacle Peformance Ltd., 12 Civ. 6010, NYLJ 1202603156271, at *1 (SDNY, Decided May 22, 2013)12 Civ. 6010Magis
For 9th Circuit, Breaking Up Is Hard to Do
It's been going on for so long, it's become a ritual. The 9th Circuit issues a controversial decision, causing teeth-gnashing among members of Congress, who rush to declare they're going to chop up the circuit. And then nothing happens. Now, three new circuit-splitting bills are in the pipeline -- and although sponsors concede there's little chance they'll pass before year's end, signs indicate that Congress' interest in a circuit division is moving beyond mere rhetoric.Goldman Sachs has endured a long losing streak in a sexual discrimination class action brought by three former female employees back in 2010. But the bank's lawyers at Paul Hastings and Sullivan & Cromwell finally caught a break Thursday in a key decision for Title VII defendants.
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