We round up the most significant appellate decisions relevant to commercial litigation each week.

This late-summer edition of Commercial Roundup features a notable ruling on personal jurisdiction, a pair of False Claims Act decisions, a couple of opinions tossing class certification orders, a 2-1 split in a securities fraud case (the dissent has the better end of it), a rare victory for plaintiffs in an action for unlawful maintenance

imageThe Third Circuit’s decision in In re Avandia Marketing, Sales Practices & Product Liability Litigation, No. 14-1948 (3d Cir. Oct. 26, 2015), accepts a path-breaking fraud-on-the-intermediary theory under the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO), which allows you to recover three times your actual damages plus reasonable attorneys’ fees. Expect more cases like this.
Continue Reading Rewards of RICO

Way back in January 2009, Blawgletter wrote that we doubted a 1995 federal law – a sub-section of which the Second Circuit called "the RICO Amendment" — bars claims, under the Racketeer-Influenced and Corrupt Organizations Act, that allege fraud involving credit default swaps and other swap contracts. MLSMK Inv. Co. v. JP Morgan Chase & Co., No.

If you've tired of hearing campaign promises about tax cuts, repeal of tax cuts, extension of tax cuts, tax cuts for the middle class, tax cuts for income over $250,000 a year, and the like — relax.  Let Blawgletter tell you about an entirely other subject:  tax avoidance.

And not just any kind of tax

The Second Circuit last week prescribed death for a class action alleging that Eli Lilly and Company fooled doctors into treating patients with Lily's anti-schizophrenia drug Zyprexa.

The plaintiffs — unions and others that pay all or part of patients' pharmaceutical bills — alleged that Lilly violated the Racketeer-Influenced and Corrupt Organizations Act by hiding and misrepresenting