Writing for a unanimous panel, Second Circuit Judge John M. Walker, Jr, today gave half a dozen or more reasons why the district court shouldn’t have certified a class of "light" cigarette smokers.  They included that:

  • The fraud claims under the Racketeer Influenced and Corrupt Organizations Act of 1970 required each class member to prove

In the lore of antitrust class action litigation, indirect purchaser cases — as they say in East Texas — suck hind tit.

Why?  Because they usually get into federal court on the hypothesis that the indirect purchasers need protection against future predations of the antitrust violators.  They then harness to the injunctive relief claim a

The U.S. Judicial Panel on Multidistrict Litigation heard arguments today at the Homer Thornberry Judicial Center in Austin, Texas.  The Panel assigned 20 minutes each to more than a dozen motions to centralize before one federal judge cases pending in multiple federal district courts.  Most of the arguments consisted of short bursts, often as terse

The Eleventh Circuit today reversed dismissal of misappropriation claims by a group of doctors against a "preferred provider organization" that contracted for their services and another company that sold "medical discount cards".  The practitioners of the healing arts complained that the PPO improperly let the card-seller use their identities and practice information to market its

Reddyice

Last week, federal antitrust authorities raided the Dallas headquarters of Reddy Ice Holdings Inc., the biggest maker, packager, and distributor of ice in the United States.  The other gargantuan ice vendor in North America, Arctic Glacier Inc., with main offices in Winnipeg, Manitoba, also reported a brush with the antitrust probe.

See the Reddy Ice

All the world knows that use of asbestos in the United States skyrocketed during World War II but took a nosedive after the public started realizing its health hazards.  Between 1973 and 2005, total domestic consumption dropped from 803,000 metric tons to 2,400.  So says the National Cancer Institute, a part of the U.S. National