Who decides the "reasonableness" of attorney fees — judge or jury?
The Tenth Circuit held that it depends. If you ask for fees just because you won, the person in the black robe does the work. But if you seek fees as "damages", the question must go to the jury.
The dispute pitted Chevron against J.
The Ninth Circuit today upheld a $49 million settlement of antitrust claims against West Publishing for its rough tactics in marketing bar exam prep courses.
The panel rejected objectors' point that the district court should have judged the pact by looking at treble damages instead of single damages. "It is our impression that courts generally determine fairness
Do not pass Go. Do not collect $200 million.
Christine A. Varney, late of Hogan & Hartson, yesterday got a welcome to her new job as head of the Department of Justice's Antitrust Division. Attorney General Eric Holder said Varney "will help lead the Department with dedication, sound judgment and integrity . . . [in] aggressively
The Fifth Circuit held last week that a potential contractor’s revelation of a choice between options doesn’t necessarily a trade secrets misappropriation claim make.
The case involved a dispute between CQ, Inc., and TXU Mining Co., L.P., over TXU’s solicitation of help for cleaning lignite coal. CQ applied for a TXU lignite-cleaning contract. CQ won first place standing. But TXU
Asiana admitted fixing cargo and passenger prices on routes between Korea and the U.S.
The Antitrust Division of the U.S. Department of Justice announced today three new guilty pleas and $214 million in fines "for conspiring to fix prices in the air cargo industry."
The culpability-confessing carriers — Cargolux Airlines International S.A., Nippon Cargo Airlines
Companies that set up mutual funds — outfits like Fidelity, Vanguard, and Oppenheimer — also "advise" the funds on their investments. People who buy shares in a mutual fund pay a fee for the advisory services. And these folks depend on the fund's board of directors to hold the fee at a reasonable level.
Almost 60 years ago,lack of
A new decision may change Google's ad sales model.
The Second Circuit dealt a blow last week to Google's approach to selling advertisements that appear with search results.
Rescuecom Corp., the plaintiff, accused Google of infringing the Rescuecom trademark. Google did so, the complaint said, by offering the trademark to Rescuecom's competitors as a "keyword". Once a
A Ninth Circuit panel split 2-1 on whether a California wholesale buyer of clean-burning CARB gasoline alleged a viable claim under section 1 of the Sherman Act. (CARB seems to stand for California Air Resources Board.)
The wholesaler accused major oil producers of tying up their refinery capacity by entering into "bilateral exchange agreements" – 44 of them. It also asserted
An air taxi.
A service mark associates services with a specific provider in the same way that a trademark identifies the furnisher of goods. Someone who misuses a service mark or trademark may suffer the consequences in an infringement action under the Lanham Act.
[Blawgletter briefly explained the different "strengths" of marks in Annals of Trademark
May manufacturers, consistently with section 1 of the Sherman Act, instruct distributors that they must charge their customers no less than $X for the manufacturers' products?