Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas,

  • “Diet” in soft drink name didn’t promise weight loss. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/12/30/18-16721_.pdf
  • Chief Justice urges civic education. https://www.supremecourt.gov/publicinfo/year-end/2019year-endreport.pdf
  • ERISA plan couldn’t cut interest rate retroactively. http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/doc/17-1211_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/hilite/
  • Trucker’s promise to buy shipping broker supported $5.7 million promissory estoppel verdict. http://www.ca5.uscourts.gov/opinions/pub/17/17-20725-CV0.pdf

Note

Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas, and patents–I keep daily track

For your client to win at trial, the trial lawyer in you must tell a human story, one that moves jurors to decide in your client’s favor. Flesh-and-blood witnesses fill essential roles in the drama. So-so ones will turn the story to mush, and bad ones will allow your friend on the other side to beat you and your client about the head and neck with it. Difficult witnesses – DWs – therefore pose a risk you must use all your talents and powers to manage.

How can you prepare DWs for their potentially pivotal turn on the courtroom stage? In this series of posts, I offer thoughts from 33 years of trying cases.
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Pay-for-delay

Listen up, direct purchasers of pharmaceuticals.

Since 2013, pay-for-delay antitrust cases against Big Pharma could succeed if they alleged that a brand-name drug company had made “large and unjustified” payments for a competitor to postpone bringing a generic substitute to market. FTC v. Actavis, Inc., 133 S. Ct. 2223, 2237 (2013). But how “large” and how “unjustified” does Actavis require the payments to be?

A new decision by the Third Circuit provides a plaintiff-friendly answer, one that allows claimants in many cases to move beyond the pleading stage into discovery and potentially trial on the merits.
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Because arbitration

If you’ve ever felt that Uber costs more than it should, you can forget about fixing that in court. Under a new ruling by the Second Circuit, no matter how good your claim and regardless of how much money it involves, Uber can beat you every time.

Every. Single. Time.


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