News & Developments »

Second Circuit Finds Arbitration Waivers Unenforceable a Third Time

The Second Circuit provided a few caveats to its opinion, including that it was not holding that arbitration class-action waivers were unenforceable per se.

Federal Circuit Agrees to Hear Appeal in Ritz Camera v. Sandisk Corp.

The Federal Circuit has agreed to consider whether antitrust allegations related to fraudulent patent procurement can be raised by direct purchasers.

MDFla Finds Exception to Illinois Brick, Refuses Class Action Dismissal

The court refused to dismiss a class action alleging that Astellas violated antitrust laws by tying the purchase of a drug to the acquisition of a license to perform a patented process.

Articles »

Travel Agents Appeal Sixth Circuit Airline Price-Fixing Decision

By Rebecca Thai

If the U.S. Supreme Court grants certiorari, it will revisit the precedent-setting pleading standard set in Bell Atlantic Corp. v. Twombly.

Persuasive Brief Writing in Antitrust Cases: How to Win the Paper War

By Douglas F. Broder

Antitrust civil cases have been less likely than the typical federal case to go to trial. Now, fewer federal civil cases of any kind are going to trial.

Tag-Along Litigation: When an Indirect Purchaser Wants a Free Ride

By Amanda P. Reeves and Eric J. McCarthy

Illinois Brick gives a bright-line rule barring damage claims by indirect purchasers. But it does not preclude them from pursuing injunctive relief.

Announcements »

Antitrust Litigator: Summer 2010

The Summer 2010 issue of the Antitrust Litigator newsletter is now available.