The Ninth Circuit affirmed summary judgment for Tyco Health Care Group on claims that it violated sections 1 and 2 of the Sherman Act via anticompetitive contracts and other bad acts in the market for pulse oximetry sensors and monitors. Tyco tied discounts to buying items from it and came out with a new product
Class Actions
New Arb Panel Must Decide Effect of Old Arb Panel’s Ruling, Tenth Circuit Holds
By Barry Barnett on
Say you settle a class action. The pact calls for future royalty payments. A dispute ensues over accounting for the royalties. The settling plaintiffs invoke the peace treaty's arbitration clause. The arbitration panel rules against them.
The settling plaintiffs later raise another accounting complaint. They again file an arbitration proceeding. But the settling defendants sue in…
Ohio Gamblers Must Pass Pillars of Hercules for Relief, Sixth Circuit Rules
By Barry Barnett on
The Strait of Gibraltar pinches the Atlantic Ocean and Mediterranean Sea into a 7.7-mile slit of water that joins the two great saltwater masses. Ancient writers called mounts on each side of the channel — including the Rock of Gibraltar — the Pillars of Hercules. The Pillars marked the far point of Hercules's wide…
MDL Panel Heads to Miami for January Session
By Barry Barnett on
FTC Sues Intel for Unfair Chip Competition
By Barry Barnett on
The Federal Trade Commission sued Intel Inc. yesterday for using "its dominant market position for a decade to stifle competition and strengthen its monopoly." Something about the brainy chips — the central processing units — that drive computers.
Press release here. Complaint here.
The administrative suit shows a trial date of September 15…
Defendants Can Waive Arb Rights, Too, Eighth Circuit Holds
By Barry Barnett on
Fifth Circuit Kicks RESPA Class, Allows State Law Class in Title Insurance Case
By Barry Barnett on
Texas law gives a price break on title insurance to people who refinance their home equity loans in less than seven years. Many don't know about their right to a discount. Title insurers don't always tell them.
In Sims v. Stewart Title Guaranty Co., No. 09-10127 (5th Cir. Dec. 9, 2009), John and Lucy Mims and Helen…
Supremes Ponder If Courts Must Accept Arbs’ Ruling That Contract Permits Class Relief
By Barry Barnett on
Did you know that "charter party" means a contract to rent a boat or space in or on it? Lots of weird rules govern such maritime agreements. But does a charter party that by its terms mandates arbitration of "any disputes" — like any other contract — allow arbitration on behalf of a…
Securities Law Trumps Antitrust, Second Circuit Holds; Credit Suisse Rides Again
By Barry Barnett on
Shorting a stock places a bet that its price will fall. You short by promising to hand over the stock, on such and such date for $X. The gamble pays off if the price drops below $X.
But, to sell short, you can't own the stock. You are "short" it. How do you legally sell a stock you don't…
Merck Lawyer Takes Nicks on Question of Timely Securities Complaint in Supreme Court
By Barry Barnett on
Yesterday, the Supreme Court peppered Merck's lawyer with hot questions. Before he started, at least, the advocate likely harbored hope that he could convince Their Honors that the two-year statute of limitations under 28 U.S.C. 1658(b) starts running before the plaintiff could have alleged enough facts to survive a motion to dismiss under the tough pleading standards of Bell Atl. Corp.