Law, Strategy, and Risk in Commercial Disputes
NYU Law School Professor Richard A. Epstein — "an advocate of minimal legal regulation" and "one of the most influential legal thinkers of modern times" — thinks the U.S. Supreme Court got its ruling wrong in Comcast Corp. v. Behrend, No. 11-864 (U.S. Mar. 27, 2013) (post here).
Leaving to one side the…
The legal landscape for class actions has gotten harder for plaintiffs to cross in the last decade or so. Today it got no worse. And plaintiffs and their counsel rejoice at that.
In Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085 (U.S. Feb. 27, 2013), the Court ruled 6-3 that a…
You saw last week our post on our debut before the U.S. Supreme Court, in Comcast Corp. v. Behrend, No. 11-864 (U.S.). The post included a link to the transcript of the argument. Now you can listen to it also.
Blawgletter had the pleasure today of standing before the Chief Justice and eight Associate Justices of the Supreme Court of the United States. We urged their honors to send a case we've worked on for more than nine years back to the trial court . . . for trial.
We had not done that before…
AT&T Wireless tried for T-Mobile in what looks like an attempt at building a bridge too far. Which Blawgletter thought from the get-go.
[Let's ignore for now the thing the editors of our — and AT&T's — hometown paper wrote about the FCC's failure to shoo the AT&T/T-Mobile deal through. Let's just say they'd have…
Blawgletter's friend Sam Simon asked us to visit this morning with the Class Action Committee of the New York State Bar's Antitrust Section, and the chair — whom we also count as a friend — Hollis Salzman gave her okay.
You can see below the remarks we wrote out (plus a Q&A at the end to reflect…
Today the Third Circuit denied Comcast's request for the whole court to rehear its appeal in Behrend v. Comcast Corp., No. 10-2865 (3d Cir. Sept. 20, 2011).
Blawgletter noted the panel's 2-1 ruling on August 23 that the district court did not err in granting class treatment of the antitrust claims against Comcast.
See…
The Third Circuit today affirmed a class certification order in an antitrust case.
The case, Behrend v. Comcast Corp., No. 10-2865 (3d Cir. Aug. 23, 2011), involves claims that Comcast violated sections 1 and 2 of the Sherman Act and that the antitrust violations allowed Comcast to overcharge Philadelphia cable subscribers.
The court's 2-1…
A couple weeks ago, if you found yourself in downtown Philadelphia, you could've stopped in the U.S. courthouse there and seen Blawgletter argue a Rule 23(f) appeal to an impressive panel of the Third Circuit Court of Appeals. The appeal challenges an order certifying a class of Philadelphia-area cable subscribers. Behrend v. Comcast Corp., No.
The Federal Communications Commission sits at the cutting edge of just about everything — technological, commercial, litigational, competitional, sportal, social, moral. Even our mouse proclaims its Commission blessing.
Exciting stuff, yes?
Today, the fussbudgets on the D. C. Circuit held that the 3-2 Commissioners in 2008 stepped over their bounds in…