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Southern District of New York Upholds “Product Hop” Claims Against Makers of Namenda

October 17th, 2016

Recently, the Southern District of New York denied a motion to dismiss a monopolization claim for product hopping against Forest and Actavis, the manufacturers of Namenda, an Alzheimer’s drug.  See Sergeants Benevolent Ass'n Health & Welfare Fund v. Actavis, PLC, No. 15-cv-6549 (CM), 2016 U.S. Dist. LEXIS 128349 (S.D.N.Y. Sept. 13, 2016).  In a “product hop,” brand drug manufacturers...

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Third Circuit Declares: Paid Meal Breaks do NOT offset Overtime

October 11th, 2016

The Third Circuit unanimously reversed a district court’s decision that allowed an employer to use paid bona fide meal time to offset unpaid overtime.  Three DuPont employees sued the Pennsylvania manufacturing plant for unpaid overtime under the FLSA because the employer failed to compensate them for donning and doffing time and for time spent on “shift relief,” i.e. sharing...

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Consumer Victory: Largest Federal Appeals Court Rules That “All Natural” Labeling Can Mislead Public

October 10th, 2016

The United States Ninth Circuit Court of Appeals, the largest federal appeals court in the country, issued its long-awaited “All Natural” decision.   Brazil v. Dole Packaged Foods, LLC (“Dole”) (9.30.2016), the 9th Circuit, unanimously, reversed part of the lower court’s decision. The court  determined that the lower court had “incorrectly granted summary judgment to Dole on the...

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Settlement Approved In Tibco Software Inc., Stockholder Litigation

September 30th, 2016

In In re Tibco Software, Inc., Stockholders Litig., Consol. C.A. No. 10319-CB (Del. Ch.), the Faruqi firm and another firm supported two firms appointed as Lead Counsel in an action where Plaintiff brought an aiding and abetting claim against Goldman Sachs & Co. (“Goldman”) and a reformation claim against the buyer, Vista Equity Partners (“Vista”) in connection with a $4.2 billion sale...

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Vanguard’s Nursing Facilities Earned Big Profits While Providing “Grossly Substandard Care”

September 30th, 2016

The United States filed a False Claims Act (FCA) complaint against six Vanguard nursing facilities and Vanguard’s Director of Operations, Mark Miller. The complaint alleges that the facilities failed to provide the most basic and essential skilled nursing services to their residents, such as administering prescribed medications, providing wound care as ordered by physicians, and managing...

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