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Price Fixing and Collusion Cause of Skyrocketing Generic Drug Prices
August 15th, 2017
Generic drugmakers are under antitrust scrutiny in a series of lawsuits alleging collusion to illegally hike prices of specific generic drugs, sometimes by more than 1000%. The Sherman Act prohibits "[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce.". Generic drugs – which are equivalent to brand name drugs – have saved...
Expert Witness Cannot Be Disqualified Merely Because He Once Worked for the Opposing Party
August 14th, 2017
On July 20, 2017, Magistrate Judge James C. Francis IV recommended allowing the testimony of an expert retained by the plaintiffs in an antitrust suit. The antitrust suit alleges that drug maker Forest Laboratories suppressed generic drug competition to Namenda IR, Forest’s blockbuster Alzheimer’s drug. Forest, on June 15, 2017, asked the court to disqualify Dr. Lon Schneider, a former...
Non-Resident Directors & The Illusion Of Accountability
August 5th, 2017
Do courts have personal jurisdiction over non-resident directors of companies incorporated in their state? Delaware, the center of so much corporate litigation, confers jurisdiction over non-resident directors by statute. In other states, the long-arm jurisdiction statute may apply. Most states lack a specific statutory basis and leave it to the courts to develop common law on the matter....
Greater Protections for Undocumented Workers
July 22nd, 2017
Workers receive two big wins in federal court to ensure that their immigration status will not preclude them from raising wage and hour claims under the Fair Labor Standards Act. First, a Federal District Court in Illinois joins New York and other districts across the country to hold that the immigration status of a worker may not be introduced as evidence in a FLSA lawsuit. Kim v. Hakuya...
Defendants Search in Vain for the Vanishing Cost-Plus Exception
July 19th, 2017
Ignoring decades old precedent, defendants nevertheless continue to seek burdensome and irrelevant discovery of plaintiffs in antitrust cases. Nearly 50 years ago, in , the Supreme Court crafted a simple rule with a simple goal: in order to spare the courts the burden of tracing antirust injury though the distribution chain, Clayton Act standing to seek damages would be restricted to those...
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